Showing archive for: “Securities Regulation”
What To Make of MHHI? A policy problem
At the heart of the common ownership issue in the current antitrust debate is an empirical measure, the Modified Herfindahl-Hirschmann Index, researchers have used to correlate patterns of common ownership with measures of firm behavior and performance. In an accompanying post, Thom Lambert provides a great summary of just what the MHHI, and more specifically ... What To Make of MHHI? A policy problem
Lambert & Sykuta Comment to FTC on Common Ownership
The Federal Trade Commission will soon hold hearings on Competition and Consumer Protection in the 21st Century. The topics to be considered include: The state of antitrust and consumer protection law and enforcement, and their development, since the [1995] Pitofsky hearings; Competition and consumer protection issues in communication, information and media technology networks; The identification ... Lambert & Sykuta Comment to FTC on Common Ownership
Lowering the Barriers to Entry to the Common Ownership Debate: A (Relatively) Non-Technical Explanation of MHHI Delta
One of the hottest topics in antitrust these days is institutional investors’ common ownership of the stock of competing firms. Large investment companies like BlackRock, Vanguard, State Street, and Fidelity offer index and actively managed mutual funds that are invested in thousands of companies. In many concentrated industries, these institutional investors are “intra-industry diversified,” meaning ... Lowering the Barriers to Entry to the Common Ownership Debate: A (Relatively) Non-Technical Explanation of MHHI Delta
Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.
A recent tweet by Lina Khan, discussing yesterday’s American Express decision, exemplifies an unfortunate trend in contemporary antitrust discourse. Khan wrote: The economists cited by the Second Circuit (whose opinion SCOTUS affirms) for the analysis of ‘two-sided’ [markets] all had financial links to the credit card sector, as we point out in FN 4 [link ... Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.
Problems with Proposed Solutions to the Common Ownership Problem
Even if institutional investors’ common ownership of small stakes in competing firms did cause some softening of market competition—a claim that is both suspect as a theoretical matter and empirically shaky—the policy solutions common ownership critics have proposed would do more harm than good. Einer Elhauge has called for public and private lawsuits against institutional ... Problems with Proposed Solutions to the Common Ownership Problem
Problems with the Evidence of Anticompetitive Harm from Common Ownership
Mike Sykuta and I have been blogging about our new paper responding to scholars who contend that institutional investors’ common ownership of small stakes in competing firms significantly reduces market competition and should be restricted. (FTC Commissioner Noah Phillips cited the paper yesterday in his excellent prepared remarks on common ownership.) Mike first described the ... Problems with the Evidence of Anticompetitive Harm from Common Ownership
Problems With the Theory of Anticompetitive Harm from Common Ownership
Mike Sykuta and I have been blogging about our recent paper on so-called “common ownership” by institutional investors like Vanguard, BlackRock, Fidelity, and State Street. Following my initial post, Mike described the purported problem with institutional investors’ common ownership of small stakes in competing firms. As Mike explained, the theory of anticompetitive harm holds that small-stakes ... Problems With the Theory of Anticompetitive Harm from Common Ownership
The Case for Doing Nothing: The ‘Problem’ of Common Ownership
As Thom previously posted, he and I have a new paper explaining The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms. Our paper is a response to cries from the likes of Einer Elhauge and of Eric Posner, Fiona Scott Morton, and Glen Weyl, who have called for various types ... The Case for Doing Nothing: The ‘Problem’ of Common Ownership
The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms
One of the hottest antitrust topics of late has been institutional investors’ “common ownership” of minority stakes in competing firms. Writing in the Harvard Law Review, Einer Elhauge proclaimed that “[a]n economic blockbuster has recently been exposed”—namely, “[a] small group of institutions has acquired large shareholdings in horizontal competitors throughout our economy, causing them to ... The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms
Inter Partes Review Jeopardizes the Social Contract between Drug Makers and Patients
It’s been six weeks since drug maker Allergan announced that it had assigned to the Saint Regis Mohawk Tribe the patents on Restasis, an Allergan drug challenged both in IPR proceedings and in Hatch-Waxman proceedings in federal district court. The unorthodox agreement was intended to shield the patents from IPR proceedings (and thus restrict the ... Inter Partes Review Jeopardizes the Social Contract between Drug Makers and Patients
The Allergan-Mohawk deal: An ingenious strategy to avoid an unbalanced IPR process
Last Friday, drug maker Allergan and the Saint Regis Mohawk Tribe announced that they had reached an agreement under which Allergan assigned the patents on its top-selling drug Restasis to the tribe and, in return, Allergan was given the exclusive license on the Restasis patents so that it can continue producing and distributing the drug. ... The Allergan-Mohawk deal: An ingenious strategy to avoid an unbalanced IPR process
Common Ownership by Institutional Investors: Beware Antitrust Overreach
The antitrust industry never sleeps – it is always hard at work seeking new business practices to scrutinize, eagerly latching on to any novel theory of anticompetitive harm that holds out the prospect of future investigations. In so doing, antitrust entrepreneurs choose, of course, to ignore Nobel Laureate Ronald Coase’s warning that “[i]f an economist ... Common Ownership by Institutional Investors: Beware Antitrust Overreach
