The Archives

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

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Antitrust & Private Equity

WSJ Deal Journal reports some important movement on the antitrust and private equity front.  Specifically, Judge Richard Jones (W.D. Washington) granted the defendants’ motion to dismiss in Pennsylvania Avenue Funds v. Borey, dismissing the plaintiffs’ allegations that two private equity firms had violated the Sherman Act by bidding jointly on the target company (Watchguard Technologies) ... Antitrust & Private Equity

The Whole Foods Appeal — Wrong, but Maybe Good.

The FTC has filed its primary appellate brief in the Whole Foods case. In essence, the brief asserts two claims: that the district court evaluated the Commission’s request for a preliminary injunction under an overly stringent legal standard, and that the court improperly discounted the Commission’s evidence that a Whole Foods/Wild Oats merger would reduce ... The Whole Foods Appeal — Wrong, but Maybe Good.

Pioneers in Law and Economics Preview

My colleague Lloyd Cohen and I are editing a volume for Edward Elgar on Pioneers in Law and Economics.  We’ve collected a dozen or so top notch essays from leading law and economics scholars covering the pioneers in the discipline and their contributions.  I’ll have more details to post about this project in a month ... Pioneers in Law and Economics Preview

Law Review Submission Season Is Almost Upon Us. Maybe.

Tis the spring law review submission season (almost, depending on your view)!  This is the time of year where many members of law school faculties wrap up their law review draft articles and begin submitting them to various journals for consideration for publication.  Tomorrow Tulane is having a faculty roundtable on law review publishing, at ... Law Review Submission Season Is Almost Upon Us. Maybe.

Feingold-Kyl Update

A few months ago I commented on the absurdity of the Feingold-Kyl amendment to the judicial pay raise bill, which appeared to be a thinly veiled attempt to target the George Mason Law and Economics Center and a few others. The absurdity with which I was particularly interested at the time was the fact that ... Feingold-Kyl Update

Microsoft Bids for Yahoo – Yahoo’s Board Will Respond

Microsoft has made a bid for Yahoo, and the Yahoo board of directors is anticipated to use the Nancy Reagan “Just Say No” defense.  I feel like I’m back in the 1980s merger boom. Several thoughts: 1.  Rumor has it we are in a recession.  It is likely then that Yahoo stock is currently trading at ... Microsoft Bids for Yahoo – Yahoo’s Board Will Respond

Big State Primaries and General Electability

In yesterday’s Super Tuesday primaries, Hillary Clinton won the two largest contests–California and New York–but the delegate count was close to even (perhaps Clinton even finished slightly behind) because Barack Obama won more states, albeit smaller ones. The Clinton campaign argues that Clinton’s victories in larger, delegate-rich states suggest that she would be a more ... Big State Primaries and General Electability

An Interesting Theory on Microsoft-Yahoo

The Economist (HT: 26econ.com) sketches out an interesting theory on the proposed Microsoft-Yahoo merger: The only grounds on which a trustbuster could plausibly oppose Microsoft buying Yahoo!—that it is possible to exercise monopoly power in online search and advertising—surely apply even more strongly to Google. Indeed, some antitrust experts are surprised that Google has not ... An Interesting Theory on Microsoft-Yahoo

FTC Unilateral Effects Workshop

The FTC recently released its agenda for its upcoming public workshop on February 12 on “Unilateral Effects Analysis in Litigation.”  The announcement motivates the conference as follows: Among economists, unilateral effects is a widely accepted theory of competitive harm. Yet, the federal antitrust agencies have experienced limited success litigating differentiated product cases in district courts ... FTC Unilateral Effects Workshop

Antitrust Limits on Merger Decision Markets?

At Overcoming Bias, Robin Hanson points to the absence of decision markets evaluating competitive conditions in the post-merger world as evidence that “these companies are just not serious about finding the highest value applications of prediction markets.” Here’s a description of the markets that Robin has in mind: Decision markets could say whether this merger ... Antitrust Limits on Merger Decision Markets?

Is Britney the QWERTY Keyboard of Pop Culture?

I thought I would be safe in church. I thought I could avoid her there. But no, the minister had to mention Britney Spears during the sermon Sunday morning. I think the reference had something to do with keeping perspective and the ridiculousness of a motorcade escort to UCLA medical center. I’m not really sure. ... Is Britney the QWERTY Keyboard of Pop Culture?

Free to Choose (and Market) Clone-Free

The FDA has determined that milk and meat from some cloned animals (cattle, swine, and goats) is safe to eat. It has therefore lifted a moratorium on such products. But don’t expect to see milk and meat from cloned animals in your local grocery store. Cloning is incredibly expensive, so cloned animals would almost certainly ... Free to Choose (and Market) Clone-Free