Showing results for: “digital markets act”
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.
The Perils of Paternalism
According to Bar None, an op-ed by Jack Turner in today’s NYT, “history shows that, however commendable the reasoning, efforts to control how people drink — or eat, or smoke — tend to backfire.” I’ve made a similar argument in discussing smoking bans. Advocates of such bans (often citing the work of “norms scholars,” such ... The Perils of Paternalism
It’s not a PIPE bomb
Similar to Gretchen Morgenson’s recent attack on Rule 144A offerings (discussed by Larry Ribstein here), page C1 of yesterday’s W$J assails PIPE offerings (see here). PIPE stands for “private investment in public equity” and is a financing technique used by many small and mid-size public companies. In a typical PIPE, a company privately negotiates a ... It’s not a PIPE bomb
Google seeks exemption from Investment Company Act
According to this WSJ article, Google has asked the SEC to declare that Google is not an “investment company” and therefore not subject to the Investment Company Act of 1940. This seems like an odd request, but it highlights the broad sweep of the definition of investment company. Section 3(a)(1)(C) of the ICA provides that ... Google seeks exemption from Investment Company Act
The SEC: This one is for you, Peter Oh.
My position in the areas of securities law and corporate law has consistently been that painful shareholder lawsuits are generally likely to be much more effective deterrents than toothless legislation (SOX?) or rulemaking by an agency ill-equipped or disinclined to ruthlessly enforce its rules. I have taken this position in my writing with respect to investment banking research analysts, I have taken ... The SEC: This one is for you, Peter Oh.
The Law and Economics of Contracts
This new chapter in the forthcoming Handbook of Law and Economics (Polinsky & Shavell, eds.) from Avery Katz, Benjamin Hermalin, and Richard Craswell looks like essential reading for anyone interested in economic analysis of contracts and contract law. Here’s the abstract/introduction: This paper, which will appear as a chapter in the forthcoming Handbook of Law ... The Law and Economics of Contracts
Hovenkamp on Slotting, Discounts, and Competition for Distribution
Like Thom, I also have spent the last few weeks reading Herbert Hovenkamp’s excellent new antitrust book, The Antitrust Enterprise: Principles and Execution. I am looking forward to Thom’s review in the Texas Law Review, and wholeheartedly agree with him that Hovenkamp’s book is an important and significant contribution to the antitrust literature (see also ... Hovenkamp on Slotting, Discounts, and Competition for Distribution
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.
Saving Tigers (and Other Endangered Species)
Want to save endangered species? Turn them into private assets. So argues Barun Mitra in today’s NYT. In Sell the Tiger to Save It, Mitra observes that our thirty year-old conservation policy, which prohibits harm to individual tigers and the trading of tiger products, has failed to increase the tiger population. The problem, Mitra argues, ... Saving Tigers (and Other Endangered Species)
Hovenkamp on the Indirect Purchaser Rule
I’ve had the pleasure of spending the last few weeks curled up with Herbert Hovenkamp’s wonderful new book, The Antitrust Enterprise: Principle and Execution, which I’m reviewing for the Texas Law Review. Hovenkamp is a sharp thinker and a wonderfully clear writer, and the book is a fantastic read for scholars and students alike. As ... Hovenkamp on the Indirect Purchaser Rule
Update on the Costs of Regulating Inequality
UPDATE: Larry has posted a very thoughtful response and overview of the debate (link below). Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument : I’m not sure I really understand, but I wonder if there is a sense ... Update on the Costs of Regulating Inequality
Economists' Indifference, Straw Men, and the Costs of Regulating Inequality
I’ve been going back and forth with Frank Pasquale both at Madisonian and Jurisdynamics about economics, consumer welfare, the costs of inequality (and regulating it), and the ability of economics to provide useful insights where “social goods” are involved. At Jurisdynamics, Frank responds to my post on Apple’s business practices by asserting that my tunnel ... Economists' Indifference, Straw Men, and the Costs of Regulating Inequality
