Showing archive for: “Structure–Conduct–Performance”
Credit derivatives don’t kill countries, politicians do
Looking for something to blame for the Greek debt crisis, some observers are pointing their fingers at credit derivatives. An article in yesterday’s New York Times makes the case that credit default swaps (CDS), and specifically their sale by Goldman Sachs, are somewhat to blame in part for Greece’s problems. As I explain in this ... Credit derivatives don’t kill countries, politicians do
Note to Simon Johnson: I do not think antitrust means what you think it means
Simon Johnson is at it again, advocating the use of antitrust to break up the banks because they are, you know, big, and antitrust is about busting up big companies, right? As Josh suggested back in July, the idea is gaining momentum, it seems. The Financial Times is also pushing the idea. What’s remarkable about ... Note to Simon Johnson: I do not think antitrust means what you think it means
Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit
Gretchen Morgenson doesn’t want poor people to have access to consumer credit. At least, that’s what I think she’s saying in her rambling NYT column this week. Congress and federal regulators have recently taken a number of actions that will make it tougher for riskier customers to access consumer credit. First there was the Credit ... Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit
Thaler’s Unsound Argument About the Public Insurance Option
University of Chicago economist (and behavioralist doyen) Richard Thaler thinks “the question of whether a ‘public option’ should be part of the health care solution” is just “one big distraction.” In Sunday’s New York Times, Thaler argues that the debate over the public option is a “red herring” if, as President Obama insists, the public ... Thaler’s Unsound Argument About the Public Insurance Option
Wanna Keep This Economic Mess to a Minimum? Honor Contracts.
New York Times business columnist Joe Nocera insists that current economic conditions call for courts to ignore carefully negotiated contracts between sophisticated business entities. Arguing that Dow Chemical Company should be free to walk away from its agreement to buy specialty chemical manufacturer Rohm & Haas, Mr. Nocera contends that “maybe, just maybe, deals that ... Wanna Keep This Economic Mess to a Minimum? Honor Contracts.
Price Discrimination is Good, Part 2
Yesterday I started a new TOTM feature on why price discrimination is good in light of the bad rap that the practice gets in public policy circles and with the public generally. Lest one believe that the examples of regulatory scrutiny of price discrimination in antitrust and regulated industries are special cases, a reader points ... Price Discrimination is Good, Part 2
Crane and Lambert on Hovenkamp — the Closet Chicagoan
Cardozo professor Dan Crane and I are living parallel lives. We both attended Wheaton College and the University of Chicago Law School (Dan was two years ahead of me). We began teaching at the same time. We both teach antitrust law and have written on bundled discounts. Like Josh, we’re both presenting at the DOJ/FTC ... Crane and Lambert on Hovenkamp — the Closet Chicagoan
Risk Allocation Provisions and Auditor Independence
I blogged previously about a W$J article on auditors including so-called liability caps in their client engagement letters (see here). My view was that it really wasn’t newsworthy because “liability limitation provisions are standard in contracts among sophisticated parties, so its not surprising that auditors include them in engagement letters.� Additionally, the provisions cited in ... Risk Allocation Provisions and Auditor Independence
