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Showing results for:  “sirius xm merger”

The Airgas decision

So Chancellor Chandler, in deciding Airgas, preserved the board’s power to decide when to sell the company.  If a company’s shareholders don’t like it, they need to replace the board.  If shareholders generally don’t like it they need to change the Delaware statute. In upholding the board’s power, and confirming what most astute observers knew ... The Airgas decision

NYSE-Deutsche Borse and jurisdictional competition

The WSJ opines on the impending sale of the NYSE to Deutsche Börse of Frankfurt.  It describes the merger as “a story of inevitable capitalist change and how no country or institution can take its dominance for granted” and a “lesson in how easily capital, both financial and human, can relocate.” It describes the 171 ... NYSE-Deutsche Borse and jurisdictional competition

Tim Wu to the FTC: What does it mean?

As you may have heard, Columbia lawprof and holder of the dubious distinction of having originated the term and concept of Net Neutrality, Tim Wu, is headed to the FTC as a senior advisor. Curiously, his guest stint runs for only about four and a half months.  As the WSJ reports: Mr. Wu, 38, will ... Tim Wu to the FTC: What does it mean?

Big Antitrust Casebook News

OK.  Big news for me, anyway.  I’m very pleased to announce that I will be joining Andy Gavil, (also my former boss) William Kovacic, and Jonathan Baker as a co-author of the forthcoming Third Edition of Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy. The new edition should be available for Spring ... Big Antitrust Casebook News

Pay gaps as big law’s death rattle

Today’s WSJ reports on more evidence of the death of big law under the headline “Pay Gap Widens at Big Law Firms as Partners Chase Star Attorneys.”: Some of the biggest law firms are paying outsize salaries to star attorneys, in some cases 10 times what they give other partners, in a strategy that is ... Pay gaps as big law’s death rattle

Baker on the FCC’s Analysis of the Comcast-NBCU Merger

Jon Baker (FCC, American University) has posted an article summarizing the FCC’s analysis of the Comcast-NBCU merger.  Here is the abstract. The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified ... Baker on the FCC’s Analysis of the Comcast-NBCU Merger

The costs and benefits of hedge fund disclosure

The WSJ reports on proposed rules forcing hedge funds to disclose confidential proprietary information: Under current rules, many managers are required each quarter to publicly disclose their long equity positions in public securities. The proposed rules would require a much greater level of disclosure to regulators about trading positions, counterparties, liquidity, leverage and performance. * ... The costs and benefits of hedge fund disclosure

Death of a big law?

The Recorder (HT ATL) asks (concerning W & S’s rolling takeover of Howrey): Among the unknowns: What will be left of Howrey once lawyers have made up their mind about Winston, and what will happen with Howrey’s debt if most partners who receive offers accept them and no formal merger with Winston is completed? (In ... Death of a big law?

Airgas and shareholder value

Bebchuk, Cohen and Wang have posted Staggered Boards and the Wealth of Shareholders: Evidence from a Natural Experiment.  Here’s the abstract: While staggered boards are known to be negatively correlated with firm valuation, such association might be due to staggered boards either bringing about lower firm value or merely being the product of the tendency ... Airgas and shareholder value

Delaware uncorporate law evolves an escape from Dodd-Frank

It’s been interesting to watch uncorporations (particularly LLCs and limited partnerships) evolve over the last twenty years or so.  Perhaps the most interesting aspect of this evolution is what’s been happening in Delaware regarding contracting over fiduciary duties.  This is particularly intriguing because it concerns a key area of difference between corporations and uncorporations — ... Delaware uncorporate law evolves an escape from Dodd-Frank

The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption

Along with co-author Judd Stone, I’ve posted to SSRN our contribution to the Review of Industrial Organization‘s symposium on the 2010 Horizontal Merger Guidelines — The Sound of One Hand Clapping: The 2010 Horizontal Merger Guidelines and the Challenge of Judicial Adoption. The paper focuses on the Guidelines’ efficiencies analysis.  We argue that while the ... The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption

FCC Approves Comcast-NBC Merger With Conditions

While the FCC has announced its approval of the Comcast-NBC deal, The problem of overlapping agency review of mergers arises once again.  We’ve discussed previously the costs of FCC merger view, and in particular, the issues of delay and imposition of conditions unrelated to the merger.  The FCC review of the Comcast-NBC deal appears to ... FCC Approves Comcast-NBC Merger With Conditions