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Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro Aug 2012

Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro

Articles in Law Reviews & Other Academic Journals

We recently concluded that government merger enforcement statistics "provide clear evidence that the Obama Administration reinvigorated merger enforcement, as it set out to do." Three weeks later, in an article published inthe Stanford Law Review Online, Professor Daniel A. Crane reached the opposite conclusion, claiming that "[t]he merger statistics do not evidence 'reinvigoration' of merger enforcement under Obama."


The Perils Of Armchair Analysis: Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro Jan 2012

The Perils Of Armchair Analysis: Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro

Articles in Law Reviews & Other Academic Journals

This brief comment responds to the analysis of Obama administration merger policy in Daniel A. Crane, Has the Obama Justice Department Reinvigorated Antitrust Enforcement? 65 STAN. L. REV. ONLINE 13 (2012).


Cocos Can Drive Markets Cuckoo, Hilary Allen Jan 2012

Cocos Can Drive Markets Cuckoo, Hilary Allen

Articles in Law Reviews & Other Academic Journals

Bank-issued contingent-convertible capital instruments (known colloquially as "cocos ") are assumed to be a less costly substitute for common equity that will improve the stability of banks in a crisis situation. However, cocos are new and untested instruments. In a future financial crisis they are likely to incentivize behaviors and trading strategies (notably panic selling short selling, and the use of credit default swaps) that have the potential to harm confidence in banks. Without confidence, banks will have difficulty funding themselves and the likely consequences of bank difficulties (credit crunches and possible bailouts) will be felt by society at large. …