The Archives

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

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FTC/ DOJ Section 2 Hearings Continue

The FTC/ DOJ Section 2 Hearings (aka Hearings on Section 2 of the Sherman Act: Single Firm Conduct as Related to Competition) continued earlier this week with a session on tying Wednesday featuring David Evans, Robin Cooper Feldman, Mark Popofsky, Donald Russell, Michael Waldman, and Robert Willig. This link contains presentation materials and will eventually, ... FTC/ DOJ Section 2 Hearings Continue

No More 10-Qs?

According to the Financial Times (via CFO.com), the Big Four accounting firms will recommend in a joint paper to be released tomorrow that the current system of quarterly reports be scrapped for “real-time, internet based reporting encompassing a wider range of performance measures.” It will be interesting to see what exactly they have in mind. ... No More 10-Qs?

Teaching Law Students Economics

Larry Ribstein has an interesting post responding to Professor Warren’s discussion of her own classroom experiences teaching Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 593-94 (1991). Professor Warren describes a discussion with her students involving the notion raised by Justice Blackmun that “passengers who purchase tickets containing a forum clause like that at ... Teaching Law Students Economics

Domain Name Hijacking

Dan Solove over at Concurring Opinions reports on an insidious practice that unfortunately has become increasingly common: domain name hijacking. Here’s how it works. The original owner of a popular website fails to renew its domain name prior to the expiration of the owner’s entitlement. An opportunistic “hijacker” then purchases the name and offers to ... Domain Name Hijacking

The FTC's Noerr-Pennington Report

David Fischer (Antitrust Review) beat me to the punch announcing the FTC’s release of its staff report from the Bureau of Competition and Office of Policy & Planning on the Noerr-Pennington doctrine, which immunizes private actors urging government action from antitrust enforcement. The full text of the report is available here. This should prove to ... The FTC's Noerr-Pennington Report

Please Don’t Regulate Zillowtalk

Several months ago, Geoff posted about Zillow.com, a website purporting to provide “Free, Instant Valuations and Data for 67,000,000+ Homes (…and you don’t have to enter any personal info and no one will contact you).” Several of us played around on Zillow a bit and concluded that it’s not all that accurate at estimating home ... Please Don’t Regulate Zillowtalk

The Grasso Case and Board Reverberations

The Law Blog asks “Will the Grasso Ruling Reverberate in Corporate Boardrooms?†The post includes the following quotes from some “executive pay gurus†via Business Week: • H. Rodgin Cohen, Sullivan & Cromwell: “The precedent-setting issue here: a CEO’s duty to inform the board fully about his or her pay and the board’s duty to ... The Grasso Case and Board Reverberations

Post-CELS Thoughts

I had a wonderful time at the First Annual Conference on Empirical Legal Studies. I presented this paper on the consumer welfare effects of shelf space contracts and commented on Keith Hylton and Fei Deng’s comprehensive empirical analysis of relationship between the scope of competition law (102 different countries) and the intensity of product market ... Post-CELS Thoughts

I told you they’re not PIPE bombs.

Following up on this post, the October issue of Institutional Investor has an article entitled Pipe dreaming (no link available). The article acknowledges the bad reputation of PIPE deals (a reputation enforced by recent articles in the W$J (see here) and NYT (see here)) and then notes: Pipes are becoming a reliable capital-raising tool for ... I told you they’re not PIPE bombs.

Hey- That’s Robert Monks!!!

I needed a catchy title, to compete with Mann’s title below.  I could find no way to work “crack whore” into my title, however.  But I figured mentioning Robert Monks – shareholder activist qua shareholder primacy radical – would have a small bit of the same impact.  (Mind you, Robert Monks is a very very ... Hey- That’s Robert Monks!!!

Isn't Competition Grand?: Wal-Mart, Drugs, and Antitrust

Fred Tung highlights Wal-Mart’s new strategy of selling a month’s supply of 300 different generics for $4, noting that Target will match Wal-Mart’s prices but Walgreens and CVS will not. Isn’t competition grand? Well, not everyone is convinced that low prices for consumers is a good thing. Unsurprisingly, for instance, this strategy has not gone ... Isn't Competition Grand?: Wal-Mart, Drugs, and Antitrust

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.