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Thoughts on Walker on Backdating

TOTM Professor Ribstein responds to David Walker’s backdating article, which Bill highlighted here at TOTM a few weeks ago. Larry’s take? Read the full piece here. 

Professor Ribstein responds to David Walker’s backdating article, which Bill highlighted here at TOTM a few weeks ago. Larry’s take?

Read the full piece here

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Financial Regulation & Corporate Governance

Antitrust Canons

TOTM Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe . . .

Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe meet’s Matt’s criteria: articles that are essential to doing antitrust scholarship.  My long, but embarrassingly underinclusive list, is below the fold.  In particular, I have left out a good deal of more technical economics scholarship (though some appears on the list): the literature on merger simulation, post-Chicago models on specific vertical practices, nothing on immunities or exemptions, federalism, etc.

Read the full piece here.

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Intellectual Property & Licensing

More Evidence of an Antitrust Violation Brewing at Elite Schools

TOTM I called it last week. Today’s NYT reports that Princeton has accepted Harvard’s invitation to join it in eliminating early admissions. In addition, the presidents . . .

I called it last week. Today’s NYT reports that Princeton has accepted Harvard’s invitation to join it in eliminating early admissions. In addition, the presidents of eleven elite liberal arts colleges (including Swarthmore, Williams, Barnard, and Amherst) have met to discuss, among other things, collectively eliminating their early admission programs and reducing merit-based aid.

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Antitrust & Consumer Protection

Who Has the Moral High Ground Here?

TOTM Life in the inner city can be hard. Jobs are scarce, prices are high, and transportation is difficult, making it hard to travel significant distances . . .

Life in the inner city can be hard. Jobs are scarce, prices are high, and transportation is difficult, making it hard to travel significant distances to work or shop. So when major retailers announce plans to enter the inner city, hire lots of employees, turn their neighborhoods into shopping destinations (thereby encouraging the creation of more jobs and conveniences), and offer signficantly lower prices than are currently available, you’d think “moral” folks would be pretty happy.

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Barnett on Antitrust, IP, and Apple at the GMU Antitrust Symposium

TOTM Yesterday I had the pleasure of participating in a panel discussion on standards for single firm conduct in the United States and the EU at . . .

Yesterday I had the pleasure of participating in a panel discussion on standards for single firm conduct in the United States and the EU at the George Mason Antitrust Symposium, which focused on antitrust issues in the global marketplace (and I might add, was put together quite nicely by the GMU Law Review folks). The materials from many of the presentations are available at the GMU website.

Read the full piece here.

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Intellectual Property & Licensing

Another Antitrust Violation in the Making at the Ivies?

TOTM Harvard College is cutting its early admissions program. According to the New York Times, which is pleased with this move, Harvard’s purported reasons for cutting . . .

Harvard College is cutting its early admissions program. According to the New York Times, which is pleased with this move, Harvard’s purported reasons for cutting the program are as follows…

Read the full piece here.

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Antitrust & Consumer Protection

Are Dr. Miles’ Days Numbered?

TOTM Maybe. WSJ Law Blog reports that SCOTUS may revisit the nearly century old precedent applying the per se rule to minimum resale price maintenance (RPM). . . .

Maybe. WSJ Law Blog reports that SCOTUS may revisit the nearly century old precedent applying the per se rule to minimum resale price maintenance (RPM). Dr. Miles may well be the last vestige of antitrust before consumer welfare’s promotion as the guiding principle of the Sherman Act, which is to say, before economics had a significant role in antitrust jurisprudence. As of today, SCOTUS has not granted cert in Leegin Creative Leather Products v. PSKS, but its agreement to stay a 5th Circuit judgment upholding Dr. Miles may well signal that cert is forthcoming. While there is still some disagreement between antitrust scholars on the issue (Georgetown’s Robert Pitofsky is Dr. Miles‘ most well known advocate), I would venture to guess — and it is not more than a guess — that the majority of antitrust scholars and economists believe that Dr. Miles is misguided.

Read the full piece here

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Antitrust & Consumer Protection

DC Cracks Down on Price Gougers

TOTM After a year long investigation, Michael Giberson (of the excellent Knowledge Problem) points to the DC Attorney General’s announcement that a single retailer has agreed . . .

After a year long investigation, Michael Giberson (of the excellent Knowledge Problem) points to the DC Attorney General’s announcement that a single retailer has agreed to pay a fine of $897.61 without admitting any wrongdoing.  Yes, 900 bucks.

Read the full piece here.

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Antitrust & Consumer Protection

Where’s the outrage?

TOTM I don’t have much to add to Larry’s post about Eliot Spitzer’s persecution (and non-prosecution) of AIG and Maurice Greenberg, or to Larry’s ongoing crusade . . .

I don’t have much to add to Larry’s post about Eliot Spitzer’s persecution (and non-prosecution) of AIG and Maurice Greenberg, or to Larry’s ongoing crusade against the criminalization of agency costs.  But I just can’t resist registering my outrage. How can this sort of thing not make your blood boil? Other than a few lonely voices clamoring in the wilderness of the blogosphere, where is the outcry?  I’m not suggesting that those who are enraged by politicized prosecutions in other spheres should take up this cause, but a little sensible appreciation among the rest of us for the costs here would be nice. And while I’m thinking of it, let me add to Larry and Tom K’s despair about the egregious prosecution of Jamie Olis.

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Financial Regulation & Corporate Governance