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. Advancing an overarching theory and structure of the defense should better clarify not only when the doctrine should be allowed …
Persistent link: https://www.econbiz.de/10014119103
The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder's anticipated litigation costs, absent some offsetting justification. Application of this standard is problematic...
Persistent link: https://www.econbiz.de/10013004927
Sovereign Wealth Funds (SWFs) have become active investors on the financial markets. This working paper meets the increasing thirst for information on the investment activities of Sovereign Wealth Funds, their legal environment and the implications on German stock listed corporations. Thus, this...
Persistent link: https://www.econbiz.de/10003816335
When should we expect bubbles? Can levered intermediaries bid up risky asset prices through asset substitution? We study an economy with financial intermediaries that issue debt and equity to buy risky assets. Asset substitution alone cannot cause bubbles because it is priced into the...
Persistent link: https://www.econbiz.de/10013033995
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This paper seeks to understand what is to be regulated in market failure. Where the paper benefits but diverges from Polanyi’s analysis is to explore the global self-regulatory markets of today and to suggest that his differentiation of fictitious from socially-sustained (embedded) market...
Persistent link: https://www.econbiz.de/10014041551
violations of a legal rule. This Article analyzes that alternative, and it offers a theory for when remedies should be announced …
Persistent link: https://www.econbiz.de/10013113406
Material-Adverse-Change clauses (MACs) are present in virtually every acquisition agreement. These clauses are the outcome of extensive negotiation and exhibit substantial cross-sectional variation in the number and types of events that are excluded from being ‘material adverse events' (MAEs)....
Persistent link: https://www.econbiz.de/10013116114
Economic models routinely assume firms maximize shareholder wealth; however common law legal systems only require that officers and directors pursue the interests of the corporation, leaving this ill-defined. Economic arguments for shareholder wealth maximization derived from shareholders'...
Persistent link: https://www.econbiz.de/10012955820