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

Showing archive for:  “Economics”

On the Antitrust Risks of Four to Three Mergers: A Case Study of a Potential ThyssenKrupp/Kone Merger

Today, Reuters reports that Germany-based ThyssenKrupp has received bids from three bidding groups for a majority stake in the firm’s elevator business. Finland’s Kone teamed with private equity firm CVC to bid on the company. Private equity firms Blackstone and Carlyle joined with the Canada Pension Plan Investment Board to submit a bid. A third ... On the Antitrust Risks of Four to Three Mergers: A Case Study of a Potential ThyssenKrupp/Kone Merger

Vertical Mergers: Fast Food, Folklore, and Fake News

In the Federal Trade Commission’s recent hearings on competition policy in the 21st century, Georgetown professor Steven Salop urged greater scrutiny of vertical mergers. He argued that regulators should be skeptical of the claim that vertical integration tends to produce efficiencies that can enhance consumer welfare. In his presentation to the FTC, Professor Salop provided ... Vertical Mergers: Fast Food, Folklore, and Fake News

The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies

These days, lacking a coherent legal theory presents no challenge to the would-be antitrust crusader. In a previous post, we noted how Shaoul Sussman’s predatory pricing claims against Amazon lacked a serious legal foundation. Sussman has returned with a new post, trying to build out his fledgling theory, but fares little better under even casual ... The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies

Kochland: An Inadvertent Paean to the Glories of the Free Market

A recently published book, “Kochland – The Secret History of Koch Industries and Corporate Power in America” by Christopher Leonard, presents a gripping account of relentless innovation and the power of the entrepreneur to overcome adversity in pursuit of delivering superior goods and services to the market while also reaping impressive profits. It’s truly an ... Kochland: An Inadvertent Paean to the Glories of the Free Market

In FTC v. Qualcomm, Judge Koh Gets Lost in the Weeds

In his latest book, Tyler Cowen calls big business an “American anti-hero”. Cowen argues that the growing animosity towards successful technology firms is to a large extent unwarranted. After all, these companies have generated tremendous prosperity and jobs. Though it is less known to the public than its Silicon Valley counterparts, Qualcomm perfectly fits the ... In FTC v. Qualcomm, Judge Koh Gets Lost in the Weeds

The Capitalist Paradox: How Cooperation Enables Free Market Competition

Paul H. Rubin is the Dobbs Professor of Economics Emeritus, Emory University, and President, Southern Economic Association, 2013 I want to thank Geoff for inviting me to blog about my new book. My book, The Capitalist Paradox: How Cooperation Enables Free Market Competition, Bombardier Books, 2019, has been published. The main question I address in this ... The Capitalist Paradox: How Cooperation Enables Free Market Competition

Why Don’t People Talk About Breaking Up Microsoft?

[This post is the seventh in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by Alec Stapp, Research Fellow at the International Center for Law & Economics] Should we break up Microsoft?  In all the talk of breaking up “Big Tech,” ... Why Don’t People Talk About Breaking Up Microsoft?

Should We Break Up Big Tech? A Look Behind the (Political) Scenes

[This post is the sixth in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by Thibault Schrepel, Faculty Associate at the Berkman Center at Harvard University and Assistant Professor in European Economic Law at Utrecht University School of Law.] The pretense ... Should We Break Up Big Tech? A Look Behind the (Political) Scenes

Merger Lore: Dispelling the Myth of the Maverick

There’s always a reason to block a merger: If a firm is too big, it will be because it is “a merger for monopoly”; If the firms aren’t that big, it will be for “coordinated effects”; If a firm is small, then it will be because it will “eliminate a maverick”. It’s a version of ... Merger Lore: Dispelling the Myth of the Maverick

Section 230 principles for lawmakers and a note of caution as Trump convenes his “social media summit”

Neither side in the debate over Section 230 is blameless for the current state of affairs. Reform/repeal proponents have tended to offer ill-considered, irrelevant, or often simply incorrect justifications for amending or tossing Section 230. Meanwhile, many supporters of the law in its current form are reflexively resistant to any change and too quick to dismiss the more reasonable concerns that have been voiced. Most of all, the urge to politicize this issue — on all sides — stands squarely in the way of any sensible discussion and thus of any sensible reform.

Economic Calculation in the Public Defender’s Office

After spending a few years away from ICLE and directly engaging in the day to day grind of indigent criminal defense as a public defender, I now have a new appreciation for the ways economic tools can explain behavior that I had not before studied. For instance, I think the law and economics tradition, specifically ... Economic Calculation in the Public Defender’s Office

In Apple v Pepper, SCOTUS leaves home without its Amex

It might surprise some readers to learn that we think the Court’s decision today in Apple v. Pepper reaches — superficially — the correct result. But, we hasten to add, the Court’s reasoning (and, for that matter, the dissent’s) is completely wrongheaded. It would be an understatement to say that the Court reached the right ... In Apple v Pepper, SCOTUS leaves home without its Amex