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

Showing results for:  “digital markets act”

Majority Voting Trial Balloon

One of the purported advantages of blogging is it allows a blogger to float a “trial balloon†relating to traditional scholarship he/she has in the works. Readers then comment on the balloon which leads to an improved piece. So here’s my trial balloon: I’ve been working on a piece about majority voting for the election ... Majority Voting Trial Balloon

Henry Manne and Corporate Democracy

On January 2, 2007, Dean Henry Manne published a column in the WSJ regarding corporate democracy.  In this column, Manne takes a stab at shareholder voting and corporate democracy.  Manne maintains that shareholder activists are deluding themselves with the phrase “corporate democracy” in that only the controlling s/h have and will ever have a true voice ... Henry Manne and Corporate Democracy

Happy Milton Friedman Day

From the Milton Friedman Day website: Dr. Milton Friedman was perhaps the most influential economist of the 20th Century, and the impact of his ideas will extend far into the future. To honor the man, January 29th is declared as Milton Friedman Day – a celebration of the economist’s positive impact on American life and ... Happy Milton Friedman Day

AMC Releases Tentative Recommendations

The tentative recommendations of the Antitrust Modernization Committee are out, and include Commissioner vote counts for various propositions. The recommendations largely take the form of propositions that the AMC Commissioners joined, did not join, or were undetermined. Here are a few that caught my eye on an initial read-through (note that 2-5 apply to merger ... AMC Releases Tentative Recommendations

"Loyal" Directors in Delaware

In November of 2006, the Delaware Supreme Court issued an opinion in Stone v. Ritter dealing with a director’s fiduciary duties in cases where the complaining plaintiff-shareholder is maintaing that her directors did not sufficiently monitor their corporate charge. (I refer to these “oversight” cases loosely as “asleep at the wheel” cases.) There has been ... "Loyal" Directors in Delaware

Consumer Reports: Car Seats Might Be Safe After All

Consumer Reports has recalled a study of rear-facing infant car seats that claimed that many seats failed crash tests using standards tougher than the National Highway Safety Traffic Administration’s. Apparently, NHSTA contacted Consumer Reports after reading the study and concluded that: “The organization’s data show its side-impact tests were actually conducted under conditions that would ... Consumer Reports: Car Seats Might Be Safe After All

Antitrust Superprecedent

Shubha Ghosh, of the Antitrust & Competition Policy Blog, is predicting that the Supreme Court will not overrule the 1911 Dr. Miles decision, which holds that “vertical minimum resale price maintenance” (i.e., a manufacturer’s imposition of minimum resale price for his goods) is per se illegal. Ghosh explains: [T]he grant of cert in Leegin is ... Antitrust Superprecedent

Becker and Posner on "Libertarian Paternalism"

Becker and Posner take on “libertarian paternalism” this week. The entries are both worth reading, especially for the parts where these co-bloggers disagree. Here are my favorite passages from each.  First, Posner attempts to distinguish his previous defense of the NYC trans-fat ban from good old-fashioned paternalism: It might seem that the good could be ... Becker and Posner on "Libertarian Paternalism"

Revisiting Two Classics as the New Semester Begins

Last Friday was the first day of my Business Organizations class. We began with two articles that have profoundly influenced my thinking about the world in general and the business world in particular. To inaugurate the new semester, I thought I’d take a moment and pay tribute to the insights in those articles (and solicit ... Revisiting Two Classics as the New Semester Begins

Directors and Time Management

I presented my “Not in Good Faith” paper at Cornell this past fall, and Professor Jeff Rachlinski (behavioral wonk, among other things) asked an interesting question that I would like to mention here.  (Let me remind you that my “not in good faith” paper deals with a director’s obligation to act “in good faith.”  My general ... Directors and Time Management

Dear Home Depot Board of Directors,

I write regarding the soon-to-be-vacant position of CEO of Home Depot.  As I understand it, the position pays well, little is demanded in terms of results, and the exit package is great.  I would like to be hired to fill the CEO position.  I realize Frank Blake has been tapped as the new CEO, but ... Dear Home Depot Board of Directors,

Manne on Shareholder Democracy

Henry Manne is back with another article in the WSJ.  This time Manne goes toe-to-toe with the “corporate democrats.” Profs Ribstein (“Shareholder democracy is just one of the burdens that public corporations have to bear these days”)  and Bainbridge (“it’s a brilliant spanking of the shareholder activists, which I highly commend to your attention”) have ... Manne on Shareholder Democracy