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Articles 1 - 21 of 21
Full-Text Articles in Business
Antitrust Interoperability Remedies, Herbert J. Hovenkamp
Antitrust Interoperability Remedies, Herbert J. Hovenkamp
All Faculty Scholarship
Compelled interoperability can be a useful remedy for dominant firms, including large digital platforms, who violate the antitrust laws. They can address competition concerns without interfering unnecessarily with the structures that make digital platforms attractive and that have contributed so much to economic growth.
Given the wide variety of structures and business models for big tech, “interoperability” must be defined broadly. It can realistically include everything from “dynamic” interoperability that requires real time sharing of data and operations, to “static” interoperability which requires portability but not necessarily real time interactions. Also included are the compelled sharing of intellectual property or …
A Simple Unifying Framework For Categorizing Disparate Risk Transactions: Securities Investments, Insurance, Gambling, And Derivative Contracts, W. C. Bunting
University of Pennsylvania Journal of Business Law
No abstract provided.
Stopping Runs In The Digital Era, Luís C. Calderón Gómez
Stopping Runs In The Digital Era, Luís C. Calderón Gómez
University of Pennsylvania Journal of Business Law
No abstract provided.
To Be[Nefit] Or Not To Be[Nefit]: Lessons From Global Corporate Governance And A Principled Path For The Delaware Benefit Corporation, Patrick O’Neal
To Be[Nefit] Or Not To Be[Nefit]: Lessons From Global Corporate Governance And A Principled Path For The Delaware Benefit Corporation, Patrick O’Neal
University of Pennsylvania Journal of Business Law
No abstract provided.
Sustainability Gatekeepers: Esg Ratings And Data Providers, Marco Dell’Erba, Michele Doronzo
Sustainability Gatekeepers: Esg Ratings And Data Providers, Marco Dell’Erba, Michele Doronzo
University of Pennsylvania Journal of Business Law
No abstract provided.
Cyber Silent Spring: Leveraging Esg+T Frameworks And Trustmarks To Better Inform Investors And Consumers About The Sustainability, Cybersecurity, And Privacy Of Internet-Connected Devices, Scott J. Shackelford, Angie Raymond, Martin A. Mccrory, Andrea Bonime-Blanc
Cyber Silent Spring: Leveraging Esg+T Frameworks And Trustmarks To Better Inform Investors And Consumers About The Sustainability, Cybersecurity, And Privacy Of Internet-Connected Devices, Scott J. Shackelford, Angie Raymond, Martin A. Mccrory, Andrea Bonime-Blanc
University of Pennsylvania Journal of Business Law
No abstract provided.
A Liberal Theory Of Fiduciary Law, Robert J. Rhee
A Liberal Theory Of Fiduciary Law, Robert J. Rhee
University of Pennsylvania Journal of Business Law
No abstract provided.
Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli
Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli
University of Pennsylvania Journal of Business Law
No abstract provided.
Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto
Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto
University of Pennsylvania Journal of Business Law
The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and smart contracts to make the present antitrust enforcement more efficient. In the U.S. approximately ninety percent of no-merger antitrust proceedings are settled by means of consent decrees. However, the consent decree procedure is criticized for a lack of transparency and there is often the need for …
Climate Change And Caremark Doctrine, Imperfect Together, H. Justin Pace, Lawrence J. Trautman
Climate Change And Caremark Doctrine, Imperfect Together, H. Justin Pace, Lawrence J. Trautman
University of Pennsylvania Journal of Business Law
No abstract provided.
Edge Contracts, Spencer Williams
Edge Contracts, Spencer Williams
University of Pennsylvania Journal of Business Law
No abstract provided.
Why Corporate Law Is Private Law, Asaf Raz
Why Corporate Law Is Private Law, Asaf Raz
University of Pennsylvania Journal of Business Law
No abstract provided.
Making Sense Of Esg With The Sec, Thomas M. Madden, Gerlinde Berger-Walliser
Making Sense Of Esg With The Sec, Thomas M. Madden, Gerlinde Berger-Walliser
University of Pennsylvania Journal of Business Law
No abstract provided.
Creating Common Law In The Corporate Context, Delaware Style, Karen Lynn Valihura
Creating Common Law In The Corporate Context, Delaware Style, Karen Lynn Valihura
University of Pennsylvania Journal of Business Law
No abstract provided.
Algorithmic Predation And Exclusion, Thomas K. Cheng, Julian Nowag
Algorithmic Predation And Exclusion, Thomas K. Cheng, Julian Nowag
University of Pennsylvania Journal of Business Law
No abstract provided.
Spacs, Pipes, And Common Investors, Frank Fagan, Saul Levmore
Spacs, Pipes, And Common Investors, Frank Fagan, Saul Levmore
University of Pennsylvania Journal of Business Law
No abstract provided.
On The Systemic Importance Of Digital Platforms, Lindsay Sain Jones, Tim R. Samples
On The Systemic Importance Of Digital Platforms, Lindsay Sain Jones, Tim R. Samples
University of Pennsylvania Journal of Business Law
No abstract provided.
Transaction Costs In Common Ownership, Kenneth Khoo
Transaction Costs In Common Ownership, Kenneth Khoo
University of Pennsylvania Journal of Business Law
No abstract provided.
A Comprehensive Approach To Crypto Regulation, Brett Hemenway Falk, Sarah Hammer
A Comprehensive Approach To Crypto Regulation, Brett Hemenway Falk, Sarah Hammer
University of Pennsylvania Journal of Business Law
No abstract provided.
The Power Of Antitrust Personhood, Herbert Hovenkamp
The Power Of Antitrust Personhood, Herbert Hovenkamp
University of Pennsylvania Journal of Business Law
Antitrust law addresses conspiracy, or collaborative conduct, more harshly than it does unilateral conduct. One person acting alone can get away with far more than groups of firms acting by agreement. In most cases that distinction is justified. Creating substantial market power unilaterally is difficult and relatively uncommon, but it can be created in a moment’s time by an agreement among firms. But how do antitrust tribunals determine when conduct is unilateral rather than collaborative? Often the ansawer is obvious, but sometimes it is not. Two statutory provisions were intended to be the umpire of such decisions. A section of …