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Morrison at ELS Blog

Ed Morrison (Columbia) has a great series of guest blogs at the always worth reading ELS Blog on a few research questions in bankruptcy and torts as well as a methodological entry. I am a little bit late with the link (his guest stint ended December 8th ), but I really enjoyed the posts. Here ... Morrison at ELS Blog

Investing for Joe Common Man/Gal

The Nowicki family Christmas dinner was tonight.  Michelle, the Nowicki family psychiatrist, said (to my FATHER, not me, the securities wonk) “How do I know what stock to invest in?  I don’t follow the market.  I don’t watch the stock shows on MSNBC.  Jim Cramer – the mad money guy – all of that.” After ... Investing for Joe Common Man/Gal

Two in the WSJ

Airlines and Antitrust. Kenneth Starr on Sarbox. The punchline: Even the statute’s co-author, Rep. Mike Oxley, has conceded that Sarbanes-Oxley was hastily written and enacted. In its rush to “do something” about corporate scandals, Congress overstepped the bounds of its authority. It is time to call Congress back, both to help our economy and reaffirm ... Two in the WSJ

"There is Little Evidence that Economic Analysis of Law Has Changed [Antitrust] in Any Noticeable Way"

Huh? This statement appears in this article by Professor Anthony D’Amato (Northwestern) on the failure of interdisciplinary scholarship in the legal academy. HT: Brian Leiter. Quite frankly, I was very surprised to see a claim like this in a paper written after 1970 or so. Even in corners of the academy hostile to economic analysis, ... "There is Little Evidence that Economic Analysis of Law Has Changed [Antitrust] in Any Noticeable Way"

Loyalty Discount Propositions

One of the more interesting parts of the November 29 DOJ/FTC hearing on loyalty discounts (where I presented these remarks) was the panelists’ discussion of a number of “propositions” advanced, for purposes of discussion only, by the agencies. Unfortunately, we didn’t have time to discuss all the propositions. I’ve reproduced them below the fold, along ... Loyalty Discount Propositions

Stay Classy San Diego

My prediction that the Chargers would win it all last month is not looking so bad after the clinic the Bolts put on the Broncos yesterday to clinch the division. Of course, the big news in the game is that Ladainian Tomlinson broke the all-time single season TD record. For those who didn’t see the ... Stay Classy San Diego

Bye Bye, Dr. Miles.

So it looks like Dr. Miles is going down. That’s a good thing. For non-antitrusters, Dr. Miles is a 1911 Supreme Court decision holding that “minimum vertical resale price maintenance” is per se illegal — that is, automatically illegal without inquiry into the practice’s actual effect on competition. Minimum vertical resale price maintenance (or “RPM”) ... Bye Bye, Dr. Miles.

Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts

Dan Crane and Thom (who has promised more remarks!) have now both posted their prepared remarks for the Section 2 hearings panel on bundled discounts. Both call for bright-line, administrable liability rules for all forms of unilateral exclusionary conduct, and have important things to say about designing antitrust rules for bundled discounts. Both are worth ... Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts

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…)

Obama on Wal-Mart

Steve Levitt is impressed with Barack Obama’s book The Audacity of Hope, and notes that though he does not agree with all of his political views, Obama may very well be a future president. I don’t know much about Obama,and haven’t read his book, but I was disappointed to see him jump aboard the Wal-Mart ... Obama on Wal-Mart

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.

Blogger Non-Competes?

Per the “Out of the Jungle” blog: Maybe it just goes to illustrate what a babe in the woods I am, or maybe it’s that the stuff I blog is not worth much… But evidently, bloggers on the Paul Caron blog empire are requested to sign a non-compete clause, promising that they will not blog ... Blogger Non-Competes?