The Archives

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

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Optimal Regulatory Design, Fragmentation, and Abolition

In response to my post about the optimal institutional design for merger enforcement and the problems associated with dual federal enforcement, a reader points me to this related paper by Jon Klick, Francesco Parisi, and Norbert Schulz in the International Review of Law and Economics which models alternatives for allocating decision-making across multiple agencies. One ... Optimal Regulatory Design, Fragmentation, and Abolition

International Antitrust Explosion in the FT

Financial Times (HT: Danny Sokol) highlights the problem of multi-jurisdictional antitrust enforcement, emphasizing the rise of India and China.  The article repeats the basic point, worth repeating, that international cooperation can help avoid bad outcomes with multiple regulatory stakeholders with different incentives and institutional environments: That is not a criticism of the new competition rules ... International Antitrust Explosion in the FT

Corporate Assassinations and Antitrust

Over at Overcoming Bias, they are asking the following question: Given how little it seems to cost to have someone killed, why don’t more corporations have their competitors’ leaders knocked off? There are interesting answers in the comments suggesting that perhaps these killings or rival firms’ leaders are more common or more costly than commonly ... Corporate Assassinations and Antitrust

Antitrust Survey

Danny Sokol is conducting a survey of private practitioners for an empirical project examining how antitrust law shapes compliance.  The survey is here.

More Milton Friedman Institute Commentary

While much has been said about the recent Milton Friedman Institute scuffle at the University of Chicago (including here at TOTM here), Chicago GSB Professor John Cochrane’s scathing comments on the original Protest letter have stirred up some additional commentary worth reading.  In particular, Craig Newmark (who adds the new fact that apparently the Protest ... More Milton Friedman Institute Commentary

The Price of Merger Approval and Triple Federal Enforcement

Geoff and Thom (see the comments) continue to have the Whole Foods litigation covered.  I don’t and can’t have anything to add to their comments about the particulars of the litigation.  I will note, playing off my previous post on bad case law out there looking to be overturned, that there is significant demand for ... The Price of Merger Approval and Triple Federal Enforcement

The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"

The DC Circuit has reversed the district court in the Whole Foods case.  The opinion is here.  [HT:  Danny Sokol] As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review.  I wouldn’t be surprised if Thom is disappointed with the ... The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"

Say on Pay in the UK

An interesting new paper by Ferri and Maber entitled Say on Pay Vote and CEO Compensation: Evidence from the UK has recently been posted on SSRN. Here’s the abstract: In this study, we examine the effect on CEO pay of new legislation introduced in the United Kingdom (UK) at the end of 2002 that requires ... Say on Pay in the UK

The Demise of Property Rights Has Been Greatly Exaggerated …

My colleague Tom Hazlett (George Mason University) has a characteristically thoughtful and provocative column in the Financial Times on the recent Clearwire joint venture and what it tells us about the “innovation commons” and current public policy debates such as network neutrality, spectrum property rights, and municipal wi-fi. Here’s an excerpt: Clearwire-Sprint-Intel-Google-Comcast-TimeWarner-McCaw blasts away barriers ... The Demise of Property Rights Has Been Greatly Exaggerated …

What is the Worst Antitrust Decision That is Good Law?

There’s been a bit of discussion about the “most destructive” decision that is good law around the blogs, e.g. here and here, in response to John McCain’s criticism of Boumedine calling it “one of the worst decisions in the history of this country.” The line of discussion led me to think about the titular question. ... What is the Worst Antitrust Decision That is Good Law?

Public Comments in FTC v. N-Data Decision

Available here.

Autism Misinformation Continues

First from McCain, who first claimed that there was “strong evidence of a link between vaccines and autism” and now has since revised his position acknowledging that there is no scientific evidence supporting such a link and emphasized his support for autism research.  See also Overlawyered, and here, and here.   Obama has made similar ... Autism Misinformation Continues