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Corporate Law And The Myth Of Efficient Market Control, William W. Bratton, Simone Sepe 2020 University of Pennsylvania Carey Law School

Corporate Law And The Myth Of Efficient Market Control, William W. Bratton, Simone Sepe

Faculty Scholarship at Penn Carey Law

In recent times, there has been an unprecedented shift in power from managers to shareholders, a shift that realizes the long-held theoretical aspiration of market control of the corporation. This Article subjects the market control paradigm to comprehensive economic examination and finds it wanting.

The market control paradigm relies on a narrow economic model that focuses on one problem only, management agency costs. With the rise of shareholder power, we need a wider lens that also takes in market prices, investor incentives, and information asymmetries. General equilibrium theory (GE) provides that lens. Several lessons follow from reference to this higher-order …


Framing The Chicago School Of Antitrust Analysis, Herbert J. Hovenkamp, Fiona Scott Morton 2020 University of Pennsylvania Carey Law School

Framing The Chicago School Of Antitrust Analysis, Herbert J. Hovenkamp, Fiona Scott Morton

Faculty Scholarship at Penn Carey Law

The Chicago School of antitrust has benefited from a great deal of law office history, written by admiring advocates rather than more dispassionate observers. This essay attempts a more neutral stance, looking at the ideology, political impulses, and economics that produced the Chicago School of antitrust policy and that account for its durability.

The origins of the Chicago School lie in a strong commitment to libertarianism and nonintervention. Economic models of perfect competition best suited these goals. The early strength of the Chicago School of antitrust was that it provided simple, convincing answers to everything that was wrong with antitrust …


The Post-Chicago Antitrust Revolution: A Retrospective, Christopher S. Yoo 2020 University of Pennsylvania Law School

The Post-Chicago Antitrust Revolution: A Retrospective, Christopher S. Yoo

Faculty Scholarship at Penn Carey Law

A symposium examining the contributions of the post-Chicago School provides an appropriate opportunity to offer some thoughts on both the past and the future of antitrust. This afterword reviews the excellent papers with an eye toward appreciating the contributions and limitations of both the Chicago School, in terms of promoting the consumer welfare standard and embracing price theory as the preferred mode of economic analysis, and the post-Chicago School, with its emphasis on game theory and firm-level strategic conduct. It then explores two emerging trends, specifically neo-Brandeisian advocacy for abandoning consumer welfare as the sole goal of antitrust and the …


The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi 2020 Claremont Colleges

The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi

CMC Senior Theses

The thesis aims to provide both a real public ideology and the legal and socioeconomic structures to realize Karl Marx’s ideal of human emancipation. Marx argues that in capitalist society, the legal and political superstructure forces the ruling class to represent its interest as the public interest, which legitimizes the massive inequality in resources and social power. To demonstrate how to realize the substantive public interest, the two parts of the thesis have two goals. The first part aims to formulate a rightful candidate to the public ideology of human emancipation, which represents the substantive public interest rather than the …


Dynamic Competition With Network Externalities: Why History Matters, Hanna Halaburda, Bruno Jullien, Yaron Yehezkel 2019 Bank of Canada

Dynamic Competition With Network Externalities: Why History Matters, Hanna Halaburda, Bruno Jullien, Yaron Yehezkel

Hanna Halaburda

This paper considers dynamic platform competition in a market with network externalities. A platform that dominated the market in the previous period becomes ``focal" in the current period, in that agents play the equilibrium in which they join the focal platform whenever such equilibrium exists. We ask whether a low-quality but focal platform can maintain its focal position along time, when it faces a higher quality competitor. Under finite horizon, we find that when platforms are patient enough, the unique equilibrium is efficient. With infinite horizon, however, there are multiple equilibria in which either the low or the high quality …


Hunting Unicorns, Aaron Edlin 2019 Selected Works

Hunting Unicorns, Aaron Edlin

Aaron Edlin

We study the effects of above-cost exclusionary pricing and the efficacy of three policy responses by running experiments involving a monopoly incumbent and a potential entrant. Our experiments show that under a laissez-faire regime, the threat of post-entry price cuts discourages entry, and allows incumbents to charge monopoly prices. Current U.S. policy (Brooke Group) does not help. In contrast, a policy suggested by Baumol (1979) lowers post-exit prices, while Edlin’s (2002) proposal reduces pre-entry prices and encourages entry. While both policies have less competitive outcomes after entry than laissez-faire does, they nevertheless both increase consumer welfare. For Edlin’s proposal this …


Book Reviews, USAWC Press 2019 US Army War College

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Uncertainty, Depreciation And Industry Growth, Roberto SAMAIEGO, Juliana Yu SUN 2019 George Washington University

Uncertainty, Depreciation And Industry Growth, Roberto Samaiego, Juliana Yu Sun

Research Collection School Of Economics

When investment is irreversible, firms invest only when the mismatch between their productivity and their capital stock is large. This suggests that two factors should be related to the frequency of mismatch: volatility and capital depreciation. A canonical model of industry dynamics with investment irreversibility displays slow growth in times of high uncertainty, and decline is particularly pronounced in industries where capital depreciation is rapid. A differences-in-differences regression using industry growth data from a large sample of countries supports this result.


Article Index, USAWC Press 2019 US Army War College

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


The Historical And Legal Creation Of A Fissured Workplace: The Case Of Franchising, Brian Callaci 2019 University of Massachusetts Amherst

The Historical And Legal Creation Of A Fissured Workplace: The Case Of Franchising, Brian Callaci

Doctoral Dissertations

This dissertation explores the consequences of institutional change in capitalist firms, focusing on vertical dis-integration, the legal boundaries of the firm and what David Weil has called workplace "fissuring," in which corporations place intermediaries (subcontractors, temp agencies, or franchisees) between themselves and workers, often with negative consequences for workers. It focuses specifically on franchising, a type of fissured workplace in which one firm outsources retail operations to smaller, legally independent franchisees. The first chapter uses archival sources to identify the legal and policy changes driving workplace fissuring in the franchising context: specifically the relaxing of antitrust prohibitions on vertical restraints …


Introduction To The Special Issue On The Blue Economy Of Bangladesh, Pawan G. Patil, Pierre Failler, Khurshed Alam 2019 World Bank

Introduction To The Special Issue On The Blue Economy Of Bangladesh, Pawan G. Patil, Pierre Failler, Khurshed Alam

Journal of Ocean and Coastal Economics

Introduction to the Special Edition on the Blue Economy of Bangladesh by the Editors of the Special Edition.


Essays On The Economics Of Digital Piracy, Zhuang Liu 2019 The University of Western Ontario

Essays On The Economics Of Digital Piracy, Zhuang Liu

Electronic Thesis and Dissertation Repository

My thesis consists of three chapters relating to the economics of digital piracy. Digital piracy is a debated topic catching tremendous academic and public attention. My studies contribute to the understanding of the impact of digital piracy on legitimate sales revenue with a focus on the motion picture industry.

In my first chapter, I examine the effects of screener piracy on the movie box office. Screeners are movie copies sent to critics and industry professionals for evaluation purposes. Sometimes, screeners are leaked and made available to download on the Internet. This chapter exploits the plausibly exogenous variation of file sharing/piracy …


Research On Double-Stack Container Transport Organization In International Multimodal Transport, Xi Zhu 2019 World Maritime University

Research On Double-Stack Container Transport Organization In International Multimodal Transport, Xi Zhu

World Maritime University Dissertations

No abstract provided.


The Effect Of Latest Shipping Alliance On Shipping Industry, Lingjie Li 2019 World Maritime University

The Effect Of Latest Shipping Alliance On Shipping Industry, Lingjie Li

World Maritime University Dissertations

No abstract provided.


The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter 2019 The University of Tennessee, Knoxville

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …


Natural Gas Investment In West Virginia, 2010-2016, Eric Bowen 2019 West Virginia University

Natural Gas Investment In West Virginia, 2010-2016, Eric Bowen

Bureau of Business & Economic Research

West Virginia’s natural gas boom began in 2010 as hydraulic fracturing and horizontal drilling techniques began to be applied to the state’s shale formations. Since then, West Virginia has become the nation’s ninth-largest natural gas producer in 2017, with gross withdrawals of more than 1.6 trillion cubic feet. Since the gas boom started, the natural gas industry has made considerable investments in the state to pay for well drilling, mineral royalties, and pipeline infrastructure, among other investment costs. In this report, we estimate these investments in two key areas: upstream costs and midstream infrastructure.


On The Optimality Of One-Size-Fits-All Contracts: The Limited Liability Case, Felipe Balmaceda Assoc Prof. 2019 Diego Portales University

On The Optimality Of One-Size-Fits-All Contracts: The Limited Liability Case, Felipe Balmaceda Assoc Prof.

Felipe Balmaceda

This paper studies a principal-agent relationship when both are risk-neutral and in the presence of
adverse selection and moral hazard. Contracts must satisfy the limited-liability and monotonicity conditions. We provide sufficient conditions under which the optimal contract is simple, in the sense that each type is offered the same contract. These are: the action and the agent's type are complements, and the output's cumulative distribution function is such that the marginal rate of substitution between the action and the agent's type is the same for each possible output realization. Furthermore, under the average monotone likelihood ratio property, the optimal contract …


Tax Uncertainty And Business Activity, Jungho LEE, Jianhuan XU 2019 Singapore Management University

Tax Uncertainty And Business Activity, Jungho Lee, Jianhuan Xu

Research Collection School Of Economics

We investigate the extent to which uncertainties about tax policies affect business activities. We develop a statewide tax-uncertainty measure (TU measure) and show that it captures state corporate tax uncertainty. By comparing adjacent counties across state borders, we show that increasing tax uncertainty by one standard deviation (a 30% increase in the TU measure) leads to a 0.17% point per-year decrease in the growth rate of establishments over two years. The result holds after conducting a variety of robustness checks and is not likely to be driven by general state-policy uncertainties.


Public Interests And Economic Regulation Of Gambling, Rein Halbersma, Joost Poort 2019 Netherlands Gambling Authority

Public Interests And Economic Regulation Of Gambling, Rein Halbersma, Joost Poort

International Conference on Gambling & Risk Taking

In the Netherlands, the Betting and Gaming Act from 1964 largely determines the current structure of gambling markets. The policy was to channel consumers to a limited number of licensed operators. This led to state-owned monopolies for lotteries, sports betting and casinos, a private monopoly for horse race betting, a limited number of privately owned charity lotteries, and a large number of private slot machines operators.

Pending legislation proposes an online market without a limit on the number of operators. Furthermore, state ownership will be phased out, and introduced legislation to privatizing and expanding the number of casinos. The current …


Apple V. Pepper: Rationalizing Antitrust’S Indirect Purchaser Rule, Herbert J. Hovenkamp 2019 University of Pennsylvania Carey Law School

Apple V. Pepper: Rationalizing Antitrust’S Indirect Purchaser Rule, Herbert J. Hovenkamp

Faculty Scholarship at Penn Carey Law

In Apple v. Pepper the Supreme Court held that consumers who allegedly paid too much for apps sold on Apple’s iStore could sue Apple for antitrust damages because they were “direct purchasers.” The decision reflects some bizarre complexities that have resulted from the Supreme Court’s 1977 decision in Illinois Brick, which held that only direct purchasers could sue for overcharge injuries under the federal antitrust laws. The indirect purchaser rule was problematic from the beginning. First, it was plainly inconsistent with the antitrust damages statute, which gives an action to “any person who shall be injured in his business …


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