The Archives

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

Showing results for:  “digital markets act”

EU Likely to Require A Browser Ballot Screen for Windows 7 in Europe

PLEASE READ THIS NOTICE BEFORE PROCEEDING: TOTM readers are encouraged at this point to pick among the following antitrust blogs for content before reading this post: Antitrust Review Antitrust & Competition Policy Antitrust Hotch Potch Global Competition Policy OK.  I thought that woud be funnier than it was. Moving on. It looks like the old/new ... EU Likely to Require A Browser Ballot Screen for Windows 7 in Europe

Scholarship Links

Kobayashi and Ribstein on jurisdictional competition in LLCs Bainbridge on Shareholder Activism in the Obama Administration Co-blogger Thom Lambert’s review of Ribstein and O’Hara’s The Law Market Peter Leeson makes the case for bringing back the third cheer for capitalism Bill Page reviewing my own review (and Dan Crane’s) of Bob Pitofsky’s How the Chicago ... Scholarship Links

Ovation Reconsidered: A Response to Commissioner Leary

I was very pleased to thumb through the newest version of Antitrust Magazine and see a TOTM post get some attention.  Its always nice to be cited and have folks take the time to respond to your work — or in this case, blog post.  Its even more tickling when the person doing the responding ... Ovation Reconsidered: A Response to Commissioner Leary

Too Big To Fail as an Antitrust Concept

There has been a lot of talk recently about the possibility that lax antitrust gave rise to the financial crisis or that antitrust could be used as a proactive weapon to prevent mergers and acquisitions that would create entities “too big to fail.”    George Priest recently took AAG Varney to task for suggesting that there ... Too Big To Fail as an Antitrust Concept

Let's Have New Section 2 Hearings!

Commissioner Rosch has offered a defense of the withdraw of the Section 2 Report.  This is an important step and the Commissioner, who readers know I’ve criticized from time to time here, should be credited for laying out his specific objections to the Report.  The objections are, in short, that the Report: Was “too ambitious” ... Let's Have New Section 2 Hearings!

We're Back

Dear Readers: We apologize for the inactivity over the last two weeks.  We’ve been having some technical problems with the blog, but believe we now have them resolved. Look for a lot of activity here over the next few days as we try to make up for lost time! The Management

Whitman on Libertarian Paternalism and the Public-Private Distinction

Here’s a great post from Glen Whitman on libertarian paternalism as applied to mortgages and the housing market.  Glen takes Richard Thaler to task for his NY Times piece discussing behavioral economics in the mortgage market and advocating defaults for “plain vanilla” mortgages.  Glen’s primary beef is that Thaler ignores the distinction between private and ... Whitman on Libertarian Paternalism and the Public-Private Distinction

Commissioner Rosch, Rhetoric, and the Relationship Between Economics and Antitrust

Economic theory is essential to antitrust law.  It is economic analysis that constrains antitrust law and harnesses it so that it is used to protect consumers rather than competitors.  And the relationship between economics and antitrust is responsible for the successful evolution of antitrust from its economically incoherent origins to its present state.  In my ... Commissioner Rosch, Rhetoric, and the Relationship Between Economics and Antitrust

Expanding Insurance Coverage Is Not the Way to Reduce Health Care Costs

As his Council of Economic Advisers made clear in its recent health care report, President Obama sees two primary goals for his health care reform efforts: to slow the growth of health care costs and to expand coverage of health insurance. It’s pretty clear, though, which of these goals is steering the ship. While the ... Expanding Insurance Coverage Is Not the Way to Reduce Health Care Costs

Revisionist corporate governance

If you haven’t been living under a rock recently, you’ve seen an incredible amount of hand wringing–and proposed regulation–around “excessive compensation.”  I’m a little too lazy to amass all the relevant links here, but both the administration and the congress are introducing regulations/bills and talking about the issue extensively. Commentators, too, have gotten in on ... Revisionist corporate governance

Together Again: The FTC and DOJ Join Forces in American Needle v. NFL

The FTC joined the DOJ brief in American Needle v. National Football League arguing that the Supreme Court should deny certiorari.  The brief characterizes the question presented as: Whether NFLP, the NFL, and the teams functioned as a “single entity” when granting the company an exclusive headwear license and therefore could not violate Section 1 ... Together Again: The FTC and DOJ Join Forces in American Needle v. NFL

Supreme Court Nominee Judge Sonia Sotomayor and Corporate and Securities Law

I have been asked a few times today to opine, as a corporate and securities law scholar, on President Obama’s nomination of Judge Sonia Sotomayor for the Supreme Court.  (Cnn.com has a couple of quotes reflecting my thoughts.) I have three main comments: First, this is a pivotal time in American securities and corporate law jurisprudence.  ... Supreme Court Nominee Judge Sonia Sotomayor and Corporate and Securities Law