Economics at the FTC: Mergers,Dominant-Firm Conduct,and Consumer Behavior

Economists at the Federal Trade Commission (FTC) pursue the agency’s competition and consumer protection missions. In this year’s essay, in antitrust, we discuss the new Merger Guidelines, three exclusion cases, and R&D issues in the Thoratec/HeartWare merger and the Google/AdMob merger. In consumer protection, we discuss the FTC’s new rule on debt settlement, our efforts to improve disclosures, and our recent work on appliance energy disclosures.     

The profitability of vertical integration

This paper examines the profitability of vertical integration using alternate indices of vertical integration Our results suggest that the profitability-vertical integration relation is highly sensitive to the specification of the vertical integration measure used.     

Maidum's challenge,legal and governance issues in dealing with cross-border business enterprise group insolvencies

Maidum was an early Egyptian pyramid, the first attempt to build a true pyramid; but it suffered a spectacular collapse. In many jurisdictions, corporate structures are pyramidal in shape, with related enterprises conducting business in multiple jurisdictions. Where such structures financially collapse, creditors of different entities within a business enterprise group compete for limited assets that may or may not be located in the entity in which they have advanced credit and thus have claims. This article discusses the challenges posed by cross-border business enterprise group insolvency and the range of procedural mechanisms that may be available to protect creditors' claims, articulating broad principles that should be considered in such cases. The choice of cooperation and coordination mechanism is driven in part by whether the particular jurisdiction emphasizes liquidation or restructuring as the objective of the insolvency proceeding. Copyright © 2008 John Wiley & Sons, Ltd.     

The dimensional assessment of personality in drug addicts: a mixed-effects Rasch model approach

Drug abuse results from a series of different factors, such as social and family issues. Subjects more vulnerable to develop an addiction are, for instance, people living in high-stress environments who may resort to addiction in order to cope with their circumstances, such as demanding jobs, family crisis or other situations or people living in low-income households where violence occurs, who may be triggered into addiction as a way to escape negative emotions or ignore any underlying problems or issues. Psychometric research in the field of drug dependence has focused on identifying certain personality characteristics. It is now generally agreed that personality may influence, precipitate or perpetuate substance abuse. The aim of this paper is to perform a dimensional assessment of personality in a sample of drug addicts. To better understand the complexity of addictive behaviours of substance-using individuals, the Cloninger’s temperament and character inventory test is employed while the item response data analysis is performed by mixed-effects Rasch models. These models combine the advantages both of Rasch measurement framework for latent variables and of models with hierarchical data. To evaluate the differences in dimensions of temperament and character inventory test in subjects with drug addiction, we fit and compare a sequence of mixed-effects Rasch models. Results from models fitting are compared and discussed for a data set of 84 participants.     

The Theory of Transnational Firms: an empirical reassessment

Theories of the transnational firm that stress the profit advantages of international operations in high-technology industries with high entry barriers are not supported for a sample of US-based transnational and domestic firms from Standard & Poor's Compustat database. Replacing the accounting-based profit rate with a measure of economic rate of return, designed to better assess enterprise performance, yields no significant difference in returns to transnational and domestic firms in high-technology manufacturing. Transnational firms do experience profit advantages over domestic firms in the less innovative industries, but this pattern does not fit the theories stressing advantages accuring from intangible assets, entry barriers, and technological accumulation.     

Canada's Supreme Court rules no fiduciary obligation towards creditors on insolvency—Peoples Department Stores v. Wise

In Canada, the law is now clear that directors and officers do not owe a fiduciary duty to creditors at the point of insolvency pursuant to corporate and insolvency laws. The Supreme Court of Canada in Peoples Department Stores Inc. v. Wise ruled that the duty of directors and officers under the Canada Business Corporations Act (CBCA) does not change when the corporation is in financial distress and that directors and officers owe their fiduciary duties solely to the corporation at all times. 1 The judgment, which is likely to be the only declaration of Canada's highest court on this issue for some time, leaves a number of unanswered questions for directors and those advising directors of the extent of their obligations both in and outside of insolvency. The Court did find that directors owe a duty of care to creditors, but no fiduciary obligation. The judgment changed the standard of assessment of the duty of care to a purely objective test; enshrined the business judgment rule in Canada; may have provided greater access to the oppression remedy for creditors; and provided direction on the meaning of ‘privy’ with respect to reviewable transactions under the Bankruptcy and Insolvency Act (BIA). 2 These issues are canvassed in this brief case comment. Copyright © 2006 John Wiley & Sons, Ltd.

1 Peoples Department Stores Inc. v. Wise 2004 SCC 68; Canada Business Corporations Act, R.S.C. 1985, c. C‐44, as amended (CBCA).

2 Canada Bankruptcy and Insolvency Act, R.S.C. 1985, c. B‐3, as amended (BIA).

     

Economics Research at the FTC: Information,Retrospectives, and Retailing

Individual Federal Trade Commission (FTC) cases invariably raise broad questions about consumers, markets, and effective enforcement policy. Recent consumer protection cases raise questions about information regulation. Horizontal merger enforcement has recently focused on retrospective analysis of mergers and the role of the retail sector in predicting the effects of manufacturer mergers. In this paper, we describe research by the FTCs Bureau of Economics that addresses these three areas. We argue that such research is well worth the agencys relatively small resource investment because it demonstrably contributes to more thoughtful policy analysis and better policy outcomes.