“critical voices – … movement antitrust, populist antitrust, neo-Brandeisian antitrust, or even hipster antitrust – have called for a … rethinking of the antitrust enterprise…. deemed … inadequate to curb … vast & rising market power” https://t.co/SRfFHpQGQ4 #corpgov
— Stefan Padfield (@ProfPadfield) July 16, 2018
“certifiers have sought to commit against opportunistic reductions in informational accuracy by adopting non-profit, partnership and other ‘constrained’ organizational forms that cap the gains from shirking on certification effort” https://t.co/z4N99cI6Sj #corpgov
— Stefan Padfield (@ProfPadfield) July 17, 2018
“This article discusses notable recent developments in antitrust M&A review and practical takeaways for companies looking to do deals.” https://t.co/ezsJNNpP8V #corpgov
— Stefan Padfield (@ProfPadfield) July 17, 2018
“If … nonsolicitation agreements … entered into in connection with a potential merger or acquisition … are reasonably ancillary to the transaction … they should not qualify as ‘naked’ per se illegal restraints on competition.” https://t.co/cuWRc9Ps6O #corpgov
— Stefan Padfield (@ProfPadfield) July 18, 2018
“this notion of ‘innocent shareholders’ fundamentally misconstrues the role of shareholders in public companies…. shareholders generally profit from malfeasance on behalf of the company, and … select the board of directors” https://t.co/ePoOaUfgp8 #corpgov
— Stefan Padfield (@ProfPadfield) July 18, 2018
“We often start antitrust cases w/ a classification question: Is it a horizontal case or … a vertical case? Now after the Court’s Amex decision, in vertical cases, we have another classification question: Is it a two-sided markets case or not?” https://t.co/m7KMel3D1F #corpgov
— Stefan Padfield (@ProfPadfield) July 18, 2018
“Wall Street dark pools are set to come out of the shadows … banks will have to cough up more details on the private stock markets they run, which roughly account for an estimated one-seventh of all U.S. equities trading.” https://t.co/ljmqCOOj6k #corpgov
— Stefan Padfield (@ProfPadfield) July 18, 2018