The Archives

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

Showing results for:  “price gouging”

CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions

Competition Policy International’s newest issue has been released.  The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge Douglas Ginsburg and me on Antitrust Sanctions, with comments from a fantastic lineup of antitrust economists and lawyers: Joseph Harrington (Johns Hopkins), Pieter Kalbfleisch (Netherlands Competition Authority), Mariana Tavares de ... CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions

Business Law and the Austrian Theory of the Firm

My Missouri colleague, Peter Klein, of Organizations and Markets fame (and, like Larry, a proud non-voter), has been asked to contribute a book chapter on the Austrian theory of the firm and the law. Peter, who has written extensively on the Austrian theory of the firm and maintains an online bibliography on the subject, is ... Business Law and the Austrian Theory of the Firm

When Google’s Competitors Attack …

We’ve discussed the all too common tactic in antitrust of rival’s complaining to government agencies to get them to bring antitrust complaints.  There is nothing particularly special about this tactic.  As I’ve pointed out in the context of allegations by Microsoft and Microsoft-supported rivals of Google, conventional economic reasoning suggests that, without more, complaints from ... When Google’s Competitors Attack …

A new argument against federal proxy access

Dodd-Frank included new federal rules regarding proxy access, which have significant problems. Now a new paper by Becker, Bergstresser and Subramanian provides an additional argument against these rules, Does Shareholder Proxy Access Improve Firm Value? Evidence from the Business Roundtable Challenge.  Here’s the abstract: We measure the value of shareholder proxy access by using a ... A new argument against federal proxy access

Indoors and outdoors whistleblowing

Today’s WSJ notes criticism of Dodd-Frank’s bounty provision for whistleblowers on the ground that it undermines the internal reporting provisions of the previous financial law, Sarbanes-Oxley.  The WSJ notes that plaintiffs lawyers eager to handle complaints on behalf of whistleblowers are getting the word out, issuing press releases and publishing articles about the new law ... Indoors and outdoors whistleblowing

DOJ v. Blue Cross Blue Shield of Michigan

This should be an interesting case to watch.  As I’ve discussed, if one excludes policy speeches and restricts focus to enforcement action and activity, it has been thus far difficult to distinguish the Obama Antitrust Division from the Bush II Antitrust Division when it comes to single firm or allegedly exclusionary conduct.  But the DOJ’s ... DOJ v. Blue Cross Blue Shield of Michigan

Optimal Sanctions for NFL Hits

In response to a week with what the NFL perceives to be a large number of tackles causing injury, the league is ready to announce a new policy in which players will be suspended for certain hits the league deems to dangerous or too likely to cause injury.  This is a change from the NFL’s ... Optimal Sanctions for NFL Hits

Say on Pay

A late Monday press release from the Securities and Exchange Commission announces a rule proposal to implement the say on pay requirements of the Dodd-Frank Act.  I testified before both houses of Congress against the legislative authorizing language in Dodd-Frank that the SEC uses to promulgate the rule.  My testimony before the House Financial Services ... Say on Pay

Antitrust and the Dynamics of Competition in High-Tech Industries

On Friday, I will be participating at an event at Technology Policy Institute, where I will be discussing the titular question along with Bob Crandall, Charles Jackson, Christopher Yoo, and Bruce Owen.  Discussants are Joe Farrell, Tim Brennan, Carl Shapiro and Michael Salinger.  As suggested below, my topic will be the recent antitrust enforcement actions ... Antitrust and the Dynamics of Competition in High-Tech Industries

Congratulations…but let’s not over do it

I was waiting to write something about today’s announcement of the Nobel Memorial Prize in Economics being awarded to Diamond, Mortensen, and Pissarides. Josh has already provided his thoughts and provided links to comments by Ed Glaeser and Steve Levitt, respectively. As they describe it, the honorees’ research provides a theory of unemployment, explaining why ... Congratulations…but let’s not over do it

DeLong on Henderson III

On October 3 I wrote:  The DeLong point I want to focus on is his last:  “I genuinely do not understand why Henderson has his job.” By which he means Todd’s law professor job. DeLong’s sole reported basis for this is a post, not by Todd, but by my co-blogger Jay Verret, who refers to a ... DeLong on Henderson III

Misbehavioral Economics: The Case Against Behavioral Antitrust

In a policy speech earlier this year, Commissioner J. Thomas Rosch of the Federal Trade Commission advocating the incorporation of behavioral economics into antitrust analysis suggested one concern that others might have with the approach was that “behavioral economics was simply liberalism masquerading as economic thinking.”   The Commissioner himself has been a vocal proponent of ... Misbehavioral Economics: The Case Against Behavioral Antitrust