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Another Mis-step in Reactionary Regulation

TOTM Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment . . .

Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment banks. Apparently Rep. Hinchey is preparing a similar assault in the House.

Read the full piece here.

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Financial Regulation & Corporate Governance

It’s a Section 5!

TOTM The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at . . .

The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at great length on this blog, and have found all of the theories wanting.

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Antitrust & Consumer Protection

The seeds of an antitrust disaster

TOTM If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of . . .

If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of the biggest antitrust stories of the coming year:  The set of antitrust accusations and actions against Monsanto for its alleged anticompetitive conduct in the biotech seed market.

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Antitrust & Consumer Protection

Climate Change and the Non-Sensical Precautionary Principle

TOTM In his New York Times column, Thomas Friedman advocates “doing the Cheney-thing on climate — preparing for 1%.” He’s referring to Vice-President Cheney’s reported remark: . . .

In his New York Times column, Thomas Friedman advocates “doing the Cheney-thing on climate — preparing for 1%.” He’s referring to Vice-President Cheney’s reported remark: “If there’s a 1% chance that Pakistani scientists are helping Al Qaeda build or develop a nuclear weapon, we have to treat it as a certainty in terms of our response.”

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Innovation & the New Economy

Informational Cascades, Reputational Cascades, Group Polarization, and the Climate Emails

TOTM It’s been interesting to observe the responses to the hacked emails from the Climate Research Unit at the University of East Anglia. The emails seem . . .

It’s been interesting to observe the responses to the hacked emails from the Climate Research Unit at the University of East Anglia. The emails seem to show leading global warming scientists massaging data to generate the result they prefer (i.e., “I’ve just completed Mike’s Nature trick of adding in the real temps to each series for the last 20 years … to hide the decline”), scheming to squelch opposing evidence (i.e., “I can’t see either of these papers being in the next I.P.C.C. report. Kevin and I will keep them out somehow—even if we have to redefine what the peer-review literature is!”), admitting to a need to hide certain data from critics (“If they ever hear there is a Freedom of Information Act now in the UK, I think I’ll delete the file rather than send to anyone”), and even confessing that they were “tempted to beat” up researchers with opposing viewpoints.

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Innovation & the New Economy

Symposium Wrap Up

TOTM Thanks to all of our participants and readers for the blog symposium–both the posts and the comments were engaging and thoughtful, and I hope these . . .

Thanks to all of our participants and readers for the blog symposium–both the posts and the comments were engaging and thoughtful, and I hope these entries will be helpful in the ongoing debate over credit cards and interchange fees.

Read the full piece here.  

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Antitrust & Consumer Protection

Searle Center Preliminary Report on State Consumer Protection Acts

TOTM The Searle Center Civil Justice Institute has announced the release of its preliminary report on State Consumer Protection Acts: An Empirical Investigation of Private Litigation.   . . .

The Searle Center Civil Justice Institute has announced the release of its preliminary report on State Consumer Protection Acts: An Empirical Investigation of Private Litigation.   You can read the Executive Summary here.  As the Searle Center State Consumer Protection Acts Task Force Chair, I’ve been involved in the data collection, analysis, and drafting of this project over the last couple of years along with the rest of the Task Force  (the Searle Center’s Executive Director Henry Butler, Jason Johnston (Penn), Jeffrey Jarosh, and Samantha Zyontz) and really is the product of a team effort including the Task Force, Searle Center research assistants (Micah Hughes, Jonathan Hillel, Matthew Sibery, Hayley Smith, and Judd Stone) and Research Coordinator Elise Nelson.   I’m incredibly grateful to have worked with such a skilled group.  This preliminary report is the first research project released growing out of a larger research agenda on state consumer protection regulation.  Some exciting projects are to follow.

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Antitrust & Consumer Protection

The Law and Economics of Interchange Fees and Credit Card Markets

ICLE Issue Brief A blog symposium hosted by Truth on the Market (www.truthonthemarket.com) and sponsored by the International Center for Law and Economics (www.laweconcenter.org).

A blog symposium hosted by Truth on the Market (www.truthonthemarket.com) and sponsored by the International Center for Law and Economics (www.laweconcenter.org).

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Financial Regulation & Corporate Governance

The Institutional Dynamic: Understand First, Act Second—If At All

TOTM I have now had a chance to review the excellent posts on the second day, all of which have a common flavor.  They expand the . . .

I have now had a chance to review the excellent posts on the second day, all of which have a common flavor.  They expand the universe of relative considerations that need to be taken into account to decide whether imposing caps on interchange fees enhances or reduces overall social welfare.  The narrow perspective on this issue, which is difficult enough, is to master the dynamics of two-sided markets to figure out where the fixed costs of running the overall system should be allocated.

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Financial Regulation & Corporate Governance