The paper outlines various measures of profitability and considers what role they can play in competition law. We argue that profitability measures can provide a good answer to the wrong question and a much less good answer to the question we really want to answer. Using appropriate definitions...

In March of 2000 the New York Stock Exchange proposed a merger with The Nasdaq Stock Market. Applying a qualitative assessment to the proposed merger from the organizations' perspective it is argued that the merger would be favorable for both organizations. Applying a quantitative assessment to...

The U.S. federal government has brought major antitrust cases against Microsoft and Google. Regulators likely don’t expect to win either case outright, but the government doesn’t need to win these cases for them to have an impact. For one, an aggressive litigation strategy can provide a...

The European Commission's proposed payments card legislation and the common position reached by the European Parliament in April 2014 will harm competition, innovation, and consumers if broadly endorsed by the European Council in the coming months. The interchange fee price caps will soften...

The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when considering policy initiatives,...

The merger notification rule is the premise of enterprise obligations in many jurisdictions. The optimal notification rule shall minimize the total cost due to inappropriate low-thresholds or complex indicators (Type I error) and improper high-thresholds or singular indicators (Type II Error)....

The legal origins literature overlooks a key area of corporate governance - the governance of state-owned enterprises (“SOEs”). There are key theoretical differences between SOEs and publicly-traded corporations. In comparing the differences of both internal and external controls of SOEs,...

P2P networks have mainly been used for downloading cultural goods. This sociological research focuses on the practices and norms of users and designers. Drawing on a qualitative survey, it explores the many ways sharing takes place. It looks at P2P networks as file sharing communities and probes...

This article discusses changes in the U.S. telecommunications market over the last decade and argues that increasing competitive substitution from wireless and internetbased communications has undermined the rationale for conventional monopoly regulation of incumbent local telephone carriers....

Using the classical Hotelling model, this paper analyzes the incentive for a CATV service provider to bundle broadband internet services when entering the broadband internet services market. In addition, the effect of such service bundling by an entrant on the market incumbent with ownership...