Showing results for: “price gouging”
Why not more securities disclosure?
Steve Davidoff discusses materiality issues in the GS Abacus transaction, Gupta/Galleon, Apple and Jobs’ health and Sokol. He questions “quirky” American securities laws that don’t require continuous disclosure of material information, and a materiality standard which “allows lawyers and others to argue that something is not material because they didn’t think it was certain or ... Why not more securities disclosure?
Net neutrality and Trinko
Commentators who see Trinko as an impediment to the claim that antitrust law can take care of harmful platform access problems (and thus that prospective rate regulation (i.e., net neutrality) is not necessary), commit an important error in making their claim–and it is a similar error committed by those who advocate for search neutrality regulation, as ... Net neutrality and Trinko
Merger Retrospective
Several years ago, the DOJ cleared a merger between Whirlpool and Maytag. The primary defense was that post-merger prices could not rise because of intense competition from foreign competitors like LG and Samsung. Apparently the actual competition was more than Whirlpool wanted to bear. Guess What? Mr. Laissez-Faire Antitrust, meet Dr. Public Choice. The Wall ... Merger Retrospective
Smoothing Demand Kinks
One criticism of the unilateral effects analysis in the 2010 Merger Guidelines is that demand curves are kinked at the current price. A small increase in price will dramatically reduce the quantity demanded. One rationale for the kink is that people over-react to small price changes and dramatically reduce demand. As a result of this ... Smoothing Demand Kinks
Welcome to Net Neutrality
Recently, I’ve been blogging about the difference between so-called “bias” in vertically integrated economic relationships and consumer harm (e.g., here and here). The two are different. Indeed, vertical integration and contractual arrangements are generally pro-consumer and efficient. Many of the same arguments surrounded the net neutrality debate with critics largely skeptical that the legislation was ... Welcome to Net Neutrality
Posner on corporate fiduciary duties
Francis Pileggi brings news of an interesting Posner opinion in CDX Liquidating Trust v. Venrock Associates, (7th Cir. March 29, 2011), a case decided under Delaware law. As Mr. Pileggi notes, the case held, among other things, that disclosure of a conflict of a director’s interest may “insulate the agreement from attack, but does not, per ... Posner on corporate fiduciary duties
The death of campaign finance regulation
In Arizona Free Enterprise Club, et al., v. Bennett, et al. and McComish, et al., v. Bennett, et al. the Court is deciding what seems to be a couple of relatively narrow issues: (1) Whether the First Amendment forbids states from providing additional government subsidies to publicly financed candidates that are triggered by independent expenditure ... The death of campaign finance regulation
The Industrial Organization of Food Carts
As Harold Demsetz notes, “the problem of defining ownership is precisely that of creating properly scaled legal barriers to entry.” Taxi medallions, meet food cart permits. From the WSJ: The city’s competitive street food culture has created a thriving black market for mobile food vending permits issued by the Department of Health and Mental Hygiene. ... The Industrial Organization of Food Carts
The Antitrust (and Business) Risk of a Concerted Response to the U.S. News Rankings
I’ve been in a blue funk since last Tuesday, when my home institution, the University of Missouri Law School, fell into the third tier in the U.S. News & World Report annual ranking of law schools. Since the rankings began, Missouri has pretty consistently ranked in the 50s and 60s. Last year, we fell to ... The Antitrust (and Business) Risk of a Concerted Response to the U.S. News Rankings
No Facts, No Problem?
There has been, as is to be expected, plenty of casual analysis of the AT&T / T-Mobile merger to go around. As I mentioned, I think there are a number of interesting issues to be resolved in an investigation with access to the facts necessary to conduct the appropriate analysis. Annie Lowery’s piece in Slate ... No Facts, No Problem?
The AT&T and T-Mobile Merger
The big merger news is that AT&T is planning to acquire T-Mobile. From the AT&T press release: AT&T Inc. (NYSE: T) and Deutsche Telekom AG (FWB: DTE) today announced that they have entered into a definitive agreement under which AT&T will acquire T-Mobile USA from Deutsche Telekom in a cash-and-stock transaction currently valued at approximately ... The AT&T and T-Mobile Merger
The Dodd-Frank debacle, takeover edition
The so-called “Dodd-Frank Wall Street Reform and Consumer Protection Act” was supposed to fix the problems that led to the financial bust. Of course, that would require some understanding of what, exactly, those problems were, which Congress lacked. The Act did little to fix the credit raters or the derivatives market that surely had something ... The Dodd-Frank debacle, takeover edition
