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Correcting "The Ethicist" on Insider Trading

TOTM In yesterday’s New York Times Magazine, an anonymous reader posed the following question to The Ethicist… Read the full piece here.

In yesterday’s New York Times Magazine, an anonymous reader posed the following question to The Ethicist…

Read the full piece here.

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Financial Regulation & Corporate Governance

An Antitrust Modernization Committee Update

TOTM For those of you who are not familiar with work of the Antitrust Modernization Committee, and I suspect that this includes most of our readers, . . .

For those of you who are not familiar with work of the Antitrust Modernization Committee, and I suspect that this includes most of our readers, the AMC was created by the Antitrust Modernization Committee Act of 2002, and is charged with the following tasks:

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Antitrust & Consumer Protection

Google’s resistance and corporate social responsibility

TOTM The government subpoenas Google’s records, and also Yahoo!’s and Microsoft’s. MSFT and YHOO cave: Their stocks are down a little over and a little under . . .

The government subpoenas Google’s records, and also Yahoo!’s and Microsoft’s. MSFT and YHOO cave: Their stocks are down a little over and a little under 2%, respectively. Google resists. Its stock drops almost 9%. And yet a headline for an article by MSNBC’s chief economics correspondent–with the relevant stock prices immediately alongside–notes, “Google stand could be good for business.” Maybe he’s talking about Microsoft’s business?

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Financial Regulation & Corporate Governance

If government is the problem, when is Google the solution?

TOTM Via the WSJblog, I see that Google and the government are tangling again over the government’s effort to obtain search records (this time relating to . . .

Via the WSJblog, I see that Google and the government are tangling again over the government’s effort to obtain search records (this time relating to porn-viewing-by-children enforcement efforts) (I guess that should read anti-porn-viewing-by-children enforcement efforts). It reminds me of a post of Dan’s on Concurring Opinions from a while back that I wanted to comment on, but, well, I didn’t have a blog then. I do now.

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Data Security & Privacy

In international blog news

TOTM First, Joel Trachtman of Tufts’ (great and soon-to-be better) Fletcher School has started up a new international trade blog, called International Economic Law and Policy. . . .

First, Joel Trachtman of Tufts’ (great and soon-to-be better) Fletcher School has started up a new international trade blog, called International Economic Law and Policy. If you know anything about international trade law and/or economics, you know Joel Trachtman and thus you know that this will be a must-read. He has been joined at the blog by Columbia Law’s Petros Mavroidis.

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Financial Regulation & Corporate Governance

Coase and Smoking: Who’s the Victim Here?

TOTM Today’s New York Times reports on a new cigarette bar in Chicago, where the city council has just imposed a sweeping smoking ban. (I recently . . .

Today’s New York Times reports on a new cigarette bar in Chicago, where the city council has just imposed a sweeping smoking ban. (I recently criticized the ban at Ideoblog.) The proprietors of the Marshall McGearty Tobacco Lounge insist that the lounge is permitted because of a loophole allowing smoking in retail tobacco shops. Not surprisingly, Chicago’s anti-smoking zealots are seeking to shut down the business, which they say violates the intent of the anti-smoking ordinance.

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Antitrust & Consumer Protection

Of Prices and Price Gouging

TOTM Price gouging regulations (PGRs) have been a popular topic of late in the blogosphere, particularly in the wake of increased post-Katrina (and Rita) gasoline prices. . . .

Price gouging regulations (PGRs) have been a popular topic of late in the blogosphere, particularly in the wake of increased post-Katrina (and Rita) gasoline prices. Becker and Posner make the now familiar economic case against PGRs here and here. The basic economic argument against PGRs is well tread ground which I will not repeat here. Suffice it to say, however, that the economic logic has not been sufficient to win the day with state legislatures for one reason or another. According to Federal Trade Commission Chairman Majoras’ Statement to Congress, at least 28 states currently have statutes that provide remedies for short term price spikes in the aftermath of a disaster. For example, Eliot Spitzer recently penned a new bill updating NY’s PGR to trigger upon a 25% markup rather than a “gross disparity” between cost and price. Some of the failure is for obvious reasons.

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Antitrust & Consumer Protection

On disclosure, a continuing series

TOTM We all know that our securities regulatory regime is predominantly a disclosure regime, meaning the regulators, for the most part, don’t impose substantive regulations on . . .

We all know that our securities regulatory regime is predominantly a disclosure regime, meaning the regulators, for the most part, don’t impose substantive regulations on securities issuers, but require only accurate, timely disclosure of certain information. And as against a more intrusive, substantive regime, I think this is preferable, even in its current, fairly intrusive form. But too often disclosure is presumed by commentators (and regulators) to be fairly costless — meaning that, even if it doesn’t do what it’s supposed to do, it imposes no great cost, and if it succeeds it does so quite cheaply. This is what Larry means when he refers to regulations as “chicken soup.” I think this presumption is often under-supported.

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Financial Regulation & Corporate Governance

Alito and Antitrust (Part II)

TOTM A few weeks back, Josh had a nice post (on Ideoblog) regarding Judge Alito’s antitrust record. He was pretty optimistic, dismissing Judge Alito’s antitrust critics . . .

A few weeks back, Josh had a nice post (on Ideoblog) regarding Judge Alito’s antitrust record. He was pretty optimistic, dismissing Judge Alito’s antitrust critics and concluding that “what little Judge Alito has written on antitrust issues is properly described as fastidious analysis complemented by strict application of doctrine.”

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Antitrust & Consumer Protection