Commentary

Is Democracy Relevant to the Way We Govern Public Companies?

On May 29, Exxon Mobil held its 2024 corporate election. Before the election, the company sued two investors over their proposal to include a commitment in its proxy statement to accelerate the company’s reduction of greenhouse gas emissions. Sarah Haan argues that the election and the lawsuit shed more light on current upheavals in corporate democracy than they do on the success of the ESG movement.

Federal Legislation, Not the NCAA Antitrust Settlements, Should Drive a New Model of College Sports

Diana Moss and Jason Gold write that the major private antitrust lawsuit involving how the National Collegiate Athletic Association governs compensation for college student athletes overreaches by remaking the model of college sports in the United States. Instead, the paradigm shift in college athletics should be deliberated and decided through the legislative process.

Four Strengths of the Government’s Lawsuit Against Live Nation-Ticketmaster: Part II

In part II of a two-part series, Michael A. Carrier analyzes the merits and strengths of the government’s recent lawsuit against Live Nation and its subsidiary, Ticketmaster, for monopolizing the live entertainment market. See here for part I.

The Government Has a Compelling Monopolization Lawsuit Against Live Nation-Ticketmaster: Part I

In part I of a two-part series, Michael A. Carrier outlines the evidence behind the government’s recent lawsuit against Live Nation and its subsidiary, Ticketmaster, for monopolizing the live entertainment market. Part II will come out tomorrow.

Live Nation’s Anticompetitive Conduct Is a Problem for Security

Roslyn Layton highlights a recent data breach that exposed the personal information of millions of customers, including those who never directly used Ticketmaster's services, underscoring concerns about the company's data collection practices and market dominance.

An Explainer on How Market Concentration Is Measured

Concerns about market concentration and its effects on competition are at the heart of antitrust policy. Will Macheel explains the Herfindahl-Hirschman Index (HHI) as a common measure of market concentration, its implications for United States antitrust policy, and potential drawbacks of the measure. He closes the article by highlighting research on the HHI as a regulatory tool for screening mergers.

How Has the Affordable Care Act Fared After Ten Years?

David Ennis evaluates how well the Affordable Care Act has met its expectations and where it has fallen short ten years after its implementation.

The Legality of the FTC’s Noncompete Ban Is Less Certain Than Masur and Posner Suggest

Gus Hurwitz replies to Jonathan Masur and Eric Posner’s May 8 article defending the Federal Trade Commission’s Congressional mandate to enforce a rule banning noncompetes. He argues that Congressional responses to FTC rulemaking in the 1970s suggest courts are unlikely to find that the FTC possesses such authority, either as a matter of statutory interpretation or under the major questions doctrine.

Tesla Directors Took a Big Accounting Bet With No Independent Accounting Advice

Lucian Bebchuk and Robert Jackson argue that the Tesla board’s prediction that restoring Musk’s old pay package would require no new compensation charge to Tesla’s financial statement seems not to have been based on any independent accounting advice. This could carry substantial risks for Tesla stockholders.

Tesla Should Take the Court Decision Seriously, Not Dismissively

Lucian Bebchuk argues that, in response to the Delaware court decision invalidating the 2018 pay grant to Elon Musk, the Tesla board did not react with contrition and an attempt to improve its governance, but rather followed an approach of dismissal and defiance.

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