The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

Bundled Discounts Remarks (More to Come…)

In response to Josh’s gentle nudge, here are my remarks from Wednesday’s DOJ/FTC hearing on loyalty discounts. I focus entirely on bundled discounts (as opposed to single-product loyalty discounts, like volume or market-share discounts). Bundled discounts are discounts (or rebates) that are conditioned upon purchasing separate products from disparate product markets — e.g., “we’ll give ... Bundled Discounts Remarks (More to Come…)

Hewlett Packard, if you can’t say anything nice (or true). . . .

Fox news reports today that the shareholder lawsuit regarding what can best be referred to as “the Hewlett Packard Fiasco†was amended yesterday to include claims of insider trading.  It seems that at least eight HP executives, including incumbent CEO Mark Hurd, are alleged to have traded in HP securities in the two weeks prior ... Hewlett Packard, if you can’t say anything nice (or true). . . .

SSRN Top Tens for Corporate, Corporate Governance, and Securities Law

The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.

Carlton & Picker on Antitrust and Regulation

Dennis Carlton and Randy Picker have posted Antitrust and Regulation on SSRN. It looks like a very interesting paper on the relationship between antitrust and regulation to control competition. Here’s the abstract: More than a century ago, the federal government started controlling competition, first railroads through the Interstate Commerce Act and then the general economy ... Carlton & Picker on Antitrust and Regulation

SSRN Top Tens for Corporate, Corporate Governance, and Securities Law

The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.

Medical Self-Defense, Organ Markets, and the Poor

Eugene Volokh has posted a series discussing his new article (forthcoming in Harvard L. Rev.) “Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs,” which I point out because the article claims that bans on organ payments violate patients’ medical self-defense rights. As readers of TOTM know, organ markets are a topic of substantial interest ... Medical Self-Defense, Organ Markets, and the Poor

Dura and Section 10(b)

In my Sec. Reg. class, we are covering Section 10(b) of the Securities Exchange Act of 1934.  One of my students raised a question today regarding Section 10(b) after Dura that left me ruminating.  The student’s question was about whether a selling stockholder who sold at a profit can bring a suit after Dura if the ... Dura and Section 10(b)

Long Term Investors and Darts

I read with interest an article on cnn.com indicating that we have been on the “longest down streak since June 2005.†I have two comments: 1.  “The longest down streak since June 2005†is hardly anything to write home about.  We are talking about the longest down streak in the past 16 months, not . ... Long Term Investors and Darts

FTC/ DOJ Section 2 Hearings Continue

The FTC/ DOJ Section 2 Hearings (aka Hearings on Section 2 of the Sherman Act: Single Firm Conduct as Related to Competition) continued earlier this week with a session on tying Wednesday featuring David Evans, Robin Cooper Feldman, Mark Popofsky, Donald Russell, Michael Waldman, and Robert Willig. This link contains presentation materials and will eventually, ... FTC/ DOJ Section 2 Hearings Continue

No More 10-Qs?

According to the Financial Times (via CFO.com), the Big Four accounting firms will recommend in a joint paper to be released tomorrow that the current system of quarterly reports be scrapped for “real-time, internet based reporting encompassing a wider range of performance measures.” It will be interesting to see what exactly they have in mind. ... No More 10-Qs?

Teaching Law Students Economics

Larry Ribstein has an interesting post responding to Professor Warren’s discussion of her own classroom experiences teaching Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 593-94 (1991). Professor Warren describes a discussion with her students involving the notion raised by Justice Blackmun that “passengers who purchase tickets containing a forum clause like that at ... Teaching Law Students Economics

Domain Name Hijacking

Dan Solove over at Concurring Opinions reports on an insidious practice that unfortunately has become increasingly common: domain name hijacking. Here’s how it works. The original owner of a popular website fails to renew its domain name prior to the expiration of the owner’s entitlement. An opportunistic “hijacker” then purchases the name and offers to ... Domain Name Hijacking