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

Showing results for:  “digital markets act”

Richard Thaler on “Slippery Slopes”

In today’s New York Times, Richard Thaler argues that the Constitutional “slippery slope” argument in the Obamacare case (“Today health care, tomorrow broccoli”) is misguided.  This is a strange argument in this particular case.  We must remember that all of today’s commerce clause jurisprudence (which everyone agrees has greatly expanded the power of the Federal ... Richard Thaler on “Slippery Slopes”

New Technology in Europe

Last week the New York Times ran an article, “Building the Next Facebook a Tough Task in Europe“, by Eric Pfanner, discussing the lack of major high tech innovation in Europe.  Eric Pfanner discusses the importance of such investment, and then speculates on the reason for the lack of such innovation.  The ultimate conclusion is ... New Technology in Europe

Congratulations to Bill Baer

President Obama has, as rumored, appointed Bill Baer (Arnold & Porter) to head the Antitrust Division.  Reuters reports: Baer, who is the chair of Arnold and Porter’s Antitrust Practice Group, also previously headed the Federal Trade Commission’s competition division when it stopped a merger between Staples and Office Depot in 1997. He will replace Sharis ... Congratulations to Bill Baer

Getting The Cart Before The Horse Exposes the Horse's Rear

Will someone remind me just why the USDA and DOJ are hosting their little Antitrust in Ag roadshow this year? The Associated Press reports today that the USDA is set to release a new set of regulations on the livestock and poultry industries. Reporter Christopher Leonard describes the new regulations as “the most sweeping antitrust ... Getting The Cart Before The Horse Exposes the Horse's Rear

Why Don’t Judges Appoint Experts in Antitrust Cases?

Judge Posner’s decision to appoint a expert in the patent dispute before him in the Seventh Circuit between Apple and Motorola has received some attention.  ABA Journal Though Posner is an appeals judge with the Chicago-based 7th U.S. Circuit Court of Appeals, he likes to volunteer for trials, the Chicago Tribune reports. In a speech at the ... Why Don’t Judges Appoint Experts in Antitrust Cases?

Taxing private equity

The venerable debate over carried interest compensation of private equity managers is heating up again. The NYT’s Andrew Sorkin is predicting Congress will vote to tax it as ordinary income rather than capital gains, which Sorkin thinks is a good thing: Under their current partnership structure, however, [private equity] general partners * * * receive ... Taxing private equity

Google files to sell additional 5.3 million shares

Taking advantage of the securities offering reforms that have been in effect since December 1, 2005, yesterday Google filed an automatic shelf registration statement on Form S-3 for the sale of an additional 5.3 million shares of its Class A Common Stock (click here). As the name implies, the registration statement went effective automatically upon ... Google files to sell additional 5.3 million shares

Abolishing corporate personhood: still stupid

Doug Mataconis criticizes efforts in Congress to overrule Citizens United by abolishing corporate personhood (HT Bainbridge). I’ve already addressed this issue, noting among other things that “the loss of personhood would not have the slightest effect under Citizens United” because that case reasoned that the speaker’s identity is irrelevant.  In any event, I pointed out ... Abolishing corporate personhood: still stupid

Preempting state securities laws

States can be a wonderful laboratory and platform for jurisdictional competition.  But sometimes the laboratory seems to belong to Dr. Frankenstein and then federal law must step in to bring order. Biff Campbell thinks Reg D has failed its intended purpose and the reason is state law.  Here’s part of the abstract: Regulation D * ... Preempting state securities laws

Fish on law teaching

Stanley Fish opines on the NYT’s recent criticisms of legal education (HT Leiter): The expert practitioner is expert in part because when he listens to a client or walks into a courtroom the field of action is already configured for him by an internalized understanding of what could possibly be at stake in proceedings like ... Fish on law teaching

"Go-Shop" Provisions in Acquisition Agreements

A standard provision of an acquisition agreement is a “no-shop/no-talk.� Under this provision, the target company contractually agrees with the buyer not to solicit or talk to other buyers, even if unsolicited, regarding making a superior bid. A no-shop/no-talk is designed to protect the buyer against another buyer stealing the deal. However, the provision is ... "Go-Shop" Provisions in Acquisition Agreements

Google's Very Public Efficiencies Defense

Here is Google’s attempt to measure its the economic impact of Google search and adwords, adsense and its Google grants programs.  Some media coverage (including a critique of the calculations) here.  The total?  $54 billion.  The report includes state-by-state breakdowns.  Not exactly a made-for-litigation antitrust expert report, but I’m sure a few copies have been ... Google's Very Public Efficiencies Defense