In Defense of Delaware’s Business Judgment Rule
In a recent Dealbook post, Steven M. Davidoff complains that Delaware’s business judgment rule is too lenient. Davidoff contends that “[a] Delaware court is not . . .
Doomsday Mergers: A Retrospective Study of False Alarms
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Section 2 Symposium: Howard Marvel–An Economist’s View
In the wake of Bork and Posner, and Baxter and the Reagan Revolution, a consensus emerged that big could be bad, but the harm that . . .
Google, Net Neutrality, and Antitrust
Hanno Kaiser at Antitrust Review discusses the implications of Google’s acquisition of YouTube for the net neutrality debate. Hanno opines that the deal may increase . . .
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Doomsday Mergers: A Retrospective Study of False Alarms
Executive Summary A well-placed cadre of progressive scholars and advocates—several of whom have in more recent years come to occupy top positions in America’s antitrust . . .
No, Mergers Are Not Like ‘The Ultimate Cartel’
There is a line of thinking according to which, without merger-control rules, antitrust law is “incomplete.” Without such a regime, the argument goes, whenever a . . .
Gus Hurwitz on Gonzalez v Google
ICLE Director of Law & Economics Programs Gus Hurwitz was a guest on The Cyberlaw Podcast to discuss the U.S. Supreme Court’s Gonzalez v. Google LLC . . .
Turning Back the Clock: Structural Presumptions in Merger Analyses and Revised Merger Guidelines
Introduction Since 1950, when Congress closed a loophole in Section 7 of the Clayton Act, the federal antitrust agencies have investigated actively, and prosecuted diligently, . . .
Biweekly FTC Roundup: Total Drama Island Edition
In a Feb. 14 column in the Wall Street Journal, Commissioner Christine Wilson announced her intent to resign her position on the Federal Trade Commission (FTC). For those curious . . .
Mergers and Innovation: DOJ and FTC Take Heed
Economists have long recognized that innovation is key to economic growth and vibrant competition. As an Organisation for Economic Co-operation and Development (OECD) report on innovation . . .
Fairness and Ambiguity in EU Competition Policy
The concept of fairness is not foreign to competition law, nor are considerations of fairness new to it. Persistent uncertainty regarding what constitutes fairness . . .
Gus Hurwitz on the Chinese Spy Balloon
ICLE Director of Law & Economics Programs Gus Hurwitz was a guest on The Cyberlaw Podcast to discuss, among other topics: the electronic surveillance capabilities of the . . .
Killer Acquisition or Leveling Up: The Use of Mergers to Enter Adjacent Markets
In the world of video games, the process by which players train themselves or their characters in order to overcome a difficult “boss battle” is . . .