The Role of the State

Colleen Honigsberg and Robert J. Jackson, Jr. write that Exxon Mobil’s decision to sue its own investors over a shareholder proposal threatens to enervate an admittedly imperfect but ultimately valuable mechanism that provides shareholder feedback to corporate managers and helps both parties negotiate better governance outcomes.

Randy Priem reviews the current discussions about fortifying the independence of determination committees deciding whether a credit event took place for single-name credit default swaps. He offers several possible strategies.

Based on a new report from the Institute for Local Self-Reliance, John Farrell argues that the monopoly granted to private, investor-owned electric utilities by state governments is preventing the United States from accessing cheaper, cleaner, and more dependable electricity.

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.

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.

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.

In new research, Tommaso Crescioli & Toon Van Overbeke find that small business owners and their families who have lost revenue share to rising market concentration among big businesses have turned to far-right political parties to express their grievances.

W.C. Bunting and Tomer Stein investigate the role of amicus curiae process in the development of business law cases at the state level. The findings reveal that the business law amicus curiae process is dominated by lobbying groups, particularly by associations serving big business, and that these "Amicus Lobbying" efforts have a higher success rate compared to non-lobbying groups.

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.

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.