Showing results for: “digital markets act”
Clawbacks
Dennis Berman, writing in yesterday’s WSJ, discussed the SEC’s case against Maynard Jenkins, former ceo of CSK, to return $4.1 million in stock option grants because accounting fraud, in which Jenkins was not involved, allegedly inflated the returns the grants were based on. This is the SEC’s first attempt to enforce SOX Section 304 against ... Clawbacks
Solving Shelf Space Incentive Conflicts With Vertical Integration and By Contract in the Soda Market
There is a nice example in the WSJ concerning the economics of vertical contractual arrangements. I’ve noted previously the apparent trend in the soda industry toward vertical integration and the link to the economics of promotional shelf space. In particular, incentive conflicts between manufacturers and retailers of differentiated products over the use of promotional shelf ... Solving Shelf Space Incentive Conflicts With Vertical Integration and By Contract in the Soda Market
Does the Supreme Court Deem Price Discrimination to be an “Anticompetitive” Effect of Tying?
One of my summer writing projects is a response to Einer Elhauge’s recent, highly acclaimed article, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory. In the article, which appeared in the December 2009 Harvard Law Review, Elhauge defends current tying doctrine, which declares tie-ins to be per se illegal when the ... Does the Supreme Court Deem Price Discrimination to be an “Anticompetitive” Effect of Tying?
Federalizing proxy access: the SEC vs. Congress and the states
Lucian Bebchuk objects to efforts in the financial regulatory conference committee to “gut proxy access” by imposing a 5% share ownership threshold requirement for access: He says: Hard-wiring such an ownership threshold in the financial regulatory bill would be a significant setback for shareholders and corporate governance reform. While shareholder power to elect new directors ... Federalizing proxy access: the SEC vs. Congress and the states
Pre-formation fiduciary duties in LLCs: another NY problem
I have often complained (e.g., here) of the troubling lawlessness of NY LLC law, a problem that may be affecting the use of LLCs in that state and thereby NY’s business environment. A recent example is Roni LLC v Arfa. Investors in a real estate deal sued the promoters for breach of fiduciary duty by ... Pre-formation fiduciary duties in LLCs: another NY problem
USDA Pushes Regulatory Elimination of Consumer Harm Requirement
Danny Sokol points to the Obama administration’s most recent effort to “reinvigorate” competition policy: some new proposed rules adding new sections to the existing regulations under the Packers & Stockyards Act. Emerging from the joint DOJ/ USDA agriculture workshops (see comments from Manne & Wright here; TOTM archives on agricultural antitrust here), the USDA must ... USDA Pushes Regulatory Elimination of Consumer Harm Requirement
Will the FTC Sue Apple?
I don’t know. But apparently, industry analysts preliminarily think not. I tend to disagree. At least, I think its far too early to be confident in either direction. Press reports, such as this one, are primarily relying on the report of an analyst who correctly points out that Apple’s market share would be an ... Will the FTC Sue Apple?
Broad preemption and the federal takeover of state law
Last fall Guhan Subramanian, Steve Herscovici and Brian Barbetta (“SHB”) posted a paper claiming that Delaware’s antitakeover statute (Delaware GCL Section 203) was preempted by the Williams Act because it did not leave hostile bidders the “meaningful opportunity for success” required by three 1988 federal district courts which had upheld the Delaware law back in ... Broad preemption and the federal takeover of state law
Law as an immature industry
It’s no news that law grads can’t find good law jobs and can’t pay their debts. Steve Bainbridge explains: The post-war expansion of the regulatory state, the opening of the courthouse doors to new claims during the warren Court era, and the litigation explosion provided an exogenous shock that caused demand for lawyers to rise ... Law as an immature industry
The nature of the L3C
LLCs have always been all about experimentation. This keeps things interesting for those like me who study them. It also provides evidence of the laboratory of state law at work, particularly in business associations, and more particularly uncorporations. But not all experiments are successful. Sometimes it’s television, sometimes it’s electric underwear. Witness the L3C, or ... The nature of the L3C
The rise of the LLC
Last March I discussed a new article by Rodney Chrisman which shows “that LLCs are by far and away the predominant choice of business structure for newly-formed entities.” I noted then the article’s findings that LLCs are increasingly choosing to be taxed as S Corporations, indicating, as I said, that “the increase in LLCs therefore ... The rise of the LLC
Capitalism on film
Although I wasn’t doing any blogging the last couple of weeks, one of my theories was out there frolicking on its own. Now that I’m back, it’s time to do a little cleaning up. I was chagrined by the attention I received from Marc Abrahams, identified as “editor of the bimonthly Annals of Improbable Research ... Capitalism on film
