The Archives

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

Showing results for:  “digital markets act”

Whisper Numbers

A “whisper number� once meant the consensus Wall Street unofficial and unpublished earnings-per-share forecast for a public company. Wall Street analysts historically derived a whisper number by ferreting out non-public information from company personnel. The number was then shared with top clients. Studies indicated that trading on whisper numbers could result in abnormal returns (see ... Whisper Numbers

Hedge-Fund-Like Mutual Funds

A recent W$J article reports that a number of mutual funds have amended their fund investment policies to allow the funds to engage in hedge-fund-like investment strategies such as the use of derivatives, leverage and short-selling.  I think this is a favorable development because it increases the types of investment options available to everyday investors.  ... Hedge-Fund-Like Mutual Funds

The Wisdom of Selling Off Isolated Public Forest Land

An article in the current issue of the Economist contends that “American environmentalists could be forgiven for throwing up their hands and heading north” (to Canada). Why? Because “the Bush administration wants to sell some 300,000 acres of national forest land in 35 states, mostly out west.” I’m afraid the normally sensible Economist (see, e.g., ... The Wisdom of Selling Off Isolated Public Forest Land

The Ethicist strikes again

One of my students brought to my attention this pearl of wisdom from (what appears to be this week’s forthcoming) The Ethicist column in the NYT: I am a 13-year-old boy. My school has a monthly pizza sale. Parents buy pies from a pizzeria and sell them to us for $1 a slice. I bought ... The Ethicist strikes again

Whose university is it?

There’s been some recent (and widely disparate) posting on the nature and governance of universities. See, for example, here (Tsai on sports and higher ed), here (Oesterle on endowment spending), here (Bollier on the knowledge commons; see especially comments by me and Josh in the . . . comments section (duh)), here (Posner on tenure), ... Whose university is it?

Business Continuity Programs and Fiduciary Duties

This CFO.com article describes a new Deloitte & Touche/CPM Group survey on business continuity management programs.  The survey finds that “[m]ore than 83 percent of companies have developed business continuity management programs, compared with only 30 percent of companies just six years ago.�  Deloitte and CPM attribute the increase to the fact “that executive management ... Business Continuity Programs and Fiduciary Duties

Another Antitrust Suit Against the NCAA

The NCAA is no stranger to defending antitrust suits. Remember Maurice Clarett? How about the NIT? Tom Farrey of ESPN the Magazine brought my attention to a new and very interesting antitrust suit filed last week in Los Angeles on the theory that the NCAA has illegally conspired to prohibit member colleges from offering athletic ... Another Antitrust Suit Against the NCAA

Measure 37 Upheld

You may or may not know that Oregon’s Measure 37 — our anti-takings measure — was ruled unconstitutional last year by a state trial court. See this post by Todd Zywicki. But today the Oregon Supreme Court reversed, and handed the effort to quash Measure 37 a resounding defeat. The court’s holding, on each of ... Measure 37 Upheld

On disclosure: Hands-tying

Dale Oesterle has called Gretchen Morgenson a “national treasure.” Today Larry Ribstein exposes the treasure for fool’s gold. I’m with Larry on this one. Morgenson’s article on executive compensation is yellow journalism at its worst (well, at least a far as business journalism goes. And really — what else is there?). As Larry suggests, hatchet ... On disclosure: Hands-tying

Google User Privacy

I have some questions about Google’s reluctance to turn over user search data to the government. (For background on this story, see here.) 1. Why does Google gather this data to begin with? Wouldn’t the best way to protect user privacy be not to save this information in the first place? Why does Google need ... Google User Privacy

Management Talent Leaving in Droves for Private Equity

According to this Business Week article, top managers are fleeing public companies for jobs with private equity funds to hunt for deals, head portfolio companies, or both. The attractions are twofold: money and freedom. The pay can be outrageously good even at the entry levels; for CEOs, it can be spectacular. The flexibility is alluring, ... Management Talent Leaving in Droves for Private Equity

Bargaining in the Shadow of Justice Alito

David Fischer at Antitrust Review posts an excerpt from Information Resources, Inc.’s (IRI) press release issued to explain the recent settlement of their ten year long litigation against VNU (A.C. Nielsen, IMS Health, and Dun and Bradstreet). IRI’s claims were based on an “above cost” bundling theory that Thom has discussed in detail here. In ... Bargaining in the Shadow of Justice Alito