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5 Jul 2022, 2:47 pm
Section 6(g) Rules Section 6(g) of the original Federal Trade Commission Act (“section 6(g)”) is a very short provision that empowers the FTC to “classify corporations” and also authorizes the Commission “to make rules and regulations for the purpose of carrying out the provisions of this subchapter [embodying the statutory authorities bestowed on the FTC]. [read post]
23 May 2022, 6:11 am
In the three months since Russia began its war of aggression, the character of the country has been changing before our eyes. [read post]
29 Apr 2022, 5:01 am
[I blogged an early draft of this essay three months ago, but I've revised it extensively since then. [read post]
25 Apr 2022, 10:03 am
Again, I recognize various countervailing factors. [read post]
17 Mar 2022, 10:34 am
., corporate tax rate reductions or patents); a government plan to fix market failures, including negative externalities, and thereby achieve in targeted industries/companies clear, specific, and measurable commercial outcomes, such as jobs, investments (research and development, capital expenditures, etc.), output, or products that are better than what the market could provide in the absence of industrial policy; and a requirement that these market-beating commercial outcomes be… [read post]
14 Mar 2022, 4:31 am
” This broad freedom of contract, the Court explained, is circumscribed only by “prohibitory provisions of the statutes,” countervailing “rules of the common law,” or “considerations of public policy. [read post]
9 Mar 2022, 3:58 am
In other words, it takes a countervailing cognitive consistency desire to overwhelm the previous one. [read post]
12 Feb 2022, 4:38 am
Some of the more progressive reformers on my radar throw out “wage theft” as the countervailing argument to shoplifting. [read post]
4 Feb 2022, 2:29 pm
It ignores overarching beneficial aspects of mergers, which include reallocating scarce resources to higher-valued uses (through the market for corporate control) and realizing standard efficiencies of various sorts (including cost-based efficiencies and incentive effects, such as the elimination of double marginalization through vertical integration). [read post]
31 Jan 2022, 5:01 am
That norm would increase the countervailing costs of non-policing. [read post]
13 Jan 2022, 7:48 am
—upheld the trial court’s granting of summary adjudication in favor of Twentieth Century Fox Film Corporation and Fox 21, Inc. [read post]
1 Dec 2021, 9:04 am
” While he expects the whistleblower movement to continue to grow in size and influence, Nader said this will not come without a countervailing response. [read post]
29 Nov 2021, 9:52 am
By stating it was merely “ramping up efforts to combat corporate crime” and by characterizing the Chamber as “corporate lobbyists,” who will not deter FTC efforts to “stand up for consumers, honest businesses, workers, and entrepreneurs who deserve a fair marketplace. [read post]
18 Oct 2021, 8:31 am
” In general, a 50% market share created a presumption of dominance under EU law, while evidence such as the size of competitors, the existence of entry barriers, and the countervailing power of the firm’s customers could justify a finding of dominance at lower thresholds. [read post]
24 Sep 2021, 11:06 am
There is no countervailing evidence on this point. [read post]
24 Sep 2021, 11:06 am
There is no countervailing evidence on this point. [read post]
19 Sep 2021, 7:53 pm
Such clarity will likely help corporates assess the risk of potential disclosure (in subsequent civil or criminal proceedings) of confidential material provided to government authorities and agencies in Singapore. [read post]
24 Aug 2021, 5:20 am
In a recent Tax Foundation analysis that accounts for these countervailing incentives, I found the Biden administration’s proposals would actually increase profit shifting by U.S. multinationals. [read post]
9 Aug 2021, 2:38 pm
In re Windstream Holdings, Inc., 627 B.R. 32 (S.D.N.Y. 2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service. [read post]
9 Aug 2021, 5:53 am
Seeking countervailing power, unions developed new organizing approaches, a part of which included shareholder activism and other finance-based tactics. [read post]
