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Corporate & Securities Law

Truth on the Market Truth on the Market

Academic commentary on law, business, economics and more.

Post Frequency: 39.9/day

Last Entry: April 01, 2011 at 00:51:38

Recent Entries: 1318

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TOTM/ Patently-O Blog Symposium: Michael Carrier’s Innovation for the 21st Century

Posted on March 19, 2009
On March 30th and 31st, TOTM will hold its first blog symposium.  The topic will be Michael Carrier’s (Rutgers) forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (from Oxford University Press)...


OK, The Stimulus and Bailouts are One Thing …

Posted on March 19, 2009
But THIS is where I draw the line. Go Bruins.


I Guess I Have to Rewrite My Contracts Final

Posted on March 14, 2009
Maybe it was too easy anyway.  I mean, who hasn’t heard this one before? Jinsoo Kim begins his opening brief by stating, ?Blood may be thicker than water, but here it?s far weightier than a peppercorn.?1 Kim appeals from the trial court?s refusal to enforce a gratuitous promise, handwritten in his friend’s own blood, to repay [...


On the Whole Foods Settlement

Posted on March 12, 2009
Thom kicked off discussion of the FTC and Whole Foods’ settlement on a critical note: It?s pretty impressive that the Commissioners were willing to stand their ground in the face of evidence that Whole Foods wasn?t earning monopoly profits, that numerous grocery retailers are moving toward the Whole Foods format, that there are obvious economies of [...


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Varney Confirmation Hearings

Posted on March 11, 2009
Webcast and testimony are available. Here is the paragraph from the testimony setting forth objectives for the new DOJ enforcement regime with some brief commentary below: There are three main areas that, if confirmed, I will focus on as the Assistant Attorney General for Antitrust...


Because Barney Frank Knows Better Ways to Woo High-End Bank Clients

Posted on March 11, 2009
A couple of weeks ago, Rep. Barney Frank sent a snippy letter to Northern Trust, a Chicago-based bank that caters to very wealthy clients. Mr. Frank and some other Platonic guardians on the House Financial Services Committee were incensed that Northern Trust, a recipient of TARP funds, had sponsored and hosted clients at a [...


Who’s Your Nanny?

Posted on March 10, 2009
My law school classmate, M. Todd Henderson (Chicago Law), has posted an interesting paper on SSRN. The paper, entitled The Nanny Corporation and the Market for Paternalism, explores “Nannyism” by business firms and the government. Nannyism consists of imposing paternalistic rules designed to protect the governed — e...


Some Links

Posted on March 10, 2009
Pharma Mergers! The unintended consequences of disability law (Freakonomics) Posner on the Failure of Capitalism — a book I that I suspect will attract much attention Congratulations to Scott Kieff who is heading from Wash U to GW The FTC gets PI in CCC/Mitchell


The Demarcus Cousins Saga Ends

Posted on March 09, 2009
We’ve been following the Demarcus Cousins saga. For those who haven’t, Cousins is a blue chip high school basketball recruit who has been bargaining hard with the University of Alabama-Birmingham (UAB) over signing his National Letter of Intent — the letter that commits a player to attend the university and imposes the penalty of [...


Evans and Schmalensee Webinar on Two-Sided Markets

Posted on March 09, 2009
Here is a link to the latest Competition Policy International Webinar series on antitrust issues in two-sided markets by David Evans and Richard Schmalansee. Here is the course description: It is now widely recognized by antitrust and economic scholars that analyzing competitive practices such as mergers and abuse of dominance in two-sided industries [...


We Didn’t Hear the Question

Posted on March 09, 2009
I have a love/hate relationship with the wireless access in our law school classrooms. On the one hand, it saddens me that my students surf the Internet during class. On the other hand, Socratic dialogue goes so much faster when the students can IM each other answers...


“Editing Reality With Both Hands … ”

Posted on March 07, 2009
The post title is stolen from a commenter (Unit) at this post over at Austrian Economists.  Delong’s comment editing practices (the selective editing even more so than the deleting of comments with opposing points of view) are disturbing to say the least...


Verret on the Self-Defeating Bailout

Posted on March 07, 2009
My colleague JW Verret has an interesting take on the bank bailout at Forbes.com: This deal was intended to bolster public confidence in banks, while at the same time minimizing the cost of the bailout when Treasury sells its shares once markets pick up...


Is Obama’s Radicalism Killing the Dow?

Posted on March 07, 2009
Stanford economist Michael Boskin thinks so. He set forth his argument in the WSJ. After observing that President Obama’s budget “more than doubles the national debt held by the public, adding more to the debt than all previous presidents — from George Washington to George W...


Whole Foods Throws in the Towel — Congrats to the FTC!

Posted on March 07, 2009
The witch hunt is over. Last evening, the FTC announced that it would drop its antitrust action against high-end grocer Whole Foods in exchange for the chain’s agreement to sell 32 stores and to give up the rights to Wild Oats’ name. FTC Chairman Jon Leibowitz proclaimed that “[a]s a result of this [...


Hazlett on the Analog Switchoff

Posted on March 04, 2009


Varney on RPM

Posted on March 04, 2009




ALEA 2009 May 15-16 in San Diego

Posted on March 02, 2009


Zywicki on Debt and Bankruptcy

Posted on March 02, 2009





Unquestionably Correct?

Posted on February 25, 2009


Linkline Decision is Unanimous

Posted on February 25, 2009


The AIG Bailout

Posted on February 25, 2009



Cert Denied in Rambus

Posted on February 23, 2009



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