Proprietary costs and sealing documents in patent litigation

We study whether the sealing of a defendant’s judicial records during a patent lawsuit filing correlates with the defendant’s level of competition and disclosure. Courts permit sealing of judicial records when competitive damage outweighs the public interest in access to documents and records. We find that defendants with sealed judicial records have higher research and development (R&D), lower industry sales concentration, and more references to competition in their annual reports than defendants without sealed judicial records. We observe faster mean reversion of return on net operating assets when courts seal defendant records. The results suggest that sealing relates to archival measures of competition. Finally, consistent with proprietary costs restraining disclosure, we find that defendants with sealed judicial records are less likely to issue management forecasts, file 8-Ks less frequently, and have longer and less readable 10-Ks.     

The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption

There is ample justification for the consensus view that the Horizontal Merger Guidelines have proven one of antitrust law??s great successes in the grounding of antitrust doctrine within economic learning. The foundation of the Guidelines?? success has been its widespread adoption by federal courts, which have embraced its rigorous underlying economic logic and analytical approach to merger analysis under the Clayton Act. While some have suggested that the Guidelines?? most recent iteration might jeopardize this record of judicial adoption by downplaying the role of market definition and updating its unilateral effects analysis, we believe that these updates are generally beneficial and include long-overdue shifts away from antiquated structural presumptions in favor of analyzing competitive effects directly where possible. However, this article explores a different reason to be concerned that the 2010 Guidelines may not enjoy widespread judicial adoption: the 2010 Guidelines asymmetrically update economic insights underlying merger analysis. While the 2010 Guidelines?? updated economic thinking on market definition and unilateral effects will likely render the prima facie burden facing plaintiffs easier to satisfy in merger analysis moving forward, and thus have significant practical impact, the Guidelines do not correspondingly update efficiencies analysis, leaving it largely as it first appeared 13 years earlier. We discuss two well-qualified candidates for ??economic updates?? of efficiencies analysis under the Guidelines: (1) out-of-market efficiencies and (2) fixed-cost savings. We conclude with some thoughts about the implications of the asymmetric updates for judicial adoption of the 2010 Guidelines.     

Socioeconomic adjustments and choice experiment benefit function transfer: Evaluating the common wisdom

It is often argued that attribute adjustments made possible within choice experiments have the potential to improve benefit transfer accuracy. These transfers, however, often omit socioeconomic adjustments; this reflects a limited presence of socioeconomic covariates in broader choice experiments. The lack of correspondence between common guidance that socioeconomic adjustments should be applied and simultaneous arguments for the advantages of choice experiment transfers leads to ambiguity for transfer practice. This paper contrasts the change in transfer performance resulting from an ability to adjust for policy attributes with that resulting from an ability to adjust for socioeconomic attributes. Results are illustrated for the case of agricultural land preservation. The goal is to provide evidence regarding the tradeoff faced by practitioners who seek to use choice experiments for benefit transfer but lack the ability to adjust for socioeconomic attributes.     

Corporate financing decisions when investors take the path of least resistance

We argue that inertial behavior on the part of investors can have significant consequences for corporate financial policy. One implication of investor inertia is that it improves the terms for the acquiring firm in a stock-for-stock merger, because acquirer shares are placed in the hands of investors, who, independent of their beliefs, do not resell these shares on the open market. In the presence of a downward-sloping demand curve, this leads to a reduction in price pressure and, hence, to cheaper equity financing. We develop a simple model to illustrate this idea and present supporting empirical evidence.     

Controlled Openness and Foreign Direct Investment

The paper investigates why a developing country may adopt a partial reform. A country is considered where the ruling elite (referred to as state capital) prevents the entry of foreign capital, and taxes the private sector before reform. A higher productivity of foreign capital always increases the attractiveness of a partial reform under which state capital can control the inflow of foreign capital, but can reduce the attractiveness of a full reform under which the entry of foreign capital is unregulated. Hence, state capital's control over foreign capital may be a necessary condition for the reform to take place at all.     

Justin Kaplan. When the Astors Owned New York: Blue Bloods and and Hotels in a Gilded Age

Justin Kaplan's When the Astors Owned New York is a probingaccount of how and why the two cousins—William WaldorfAstor and John Jacob Astor IV—spent much of their livesdecorating Manhattan's skyline with grand hotels. Kaplan, aPulitzer Prize-winning biographer of Mark Twain, draws on personalpapers, contemporary press accounts, and various literary worksto locate the Astors in Gilded Age New York high society. TheAstors built hotels not simply to make money, Kaplan contends,but also     

Auditor selection within a business group: evidence from Taiwan

Although auditor selection is well documented in the literature, it is unclear whether group characteristics affect firms’ auditor selection decisions. Generally, a business group is the result of diversification by the core firm. Major decisions of the business group, such as auditor selection, are made by the core firm and influenced by the business group’s characteristics. Using operational and ownership linkages perspectives, this study investigates the determinants of a business group’s member firm engaging the same auditor as its core firm. We employ the input–output relationship of products along a supply chain to construct product vertical relatedness measures between member firms and the core firm, and establish logistic regression models to test our hypotheses. Using a sample of publicly listed business groups in Taiwan from 2000 to 2010, our results suggest that a member firm is more likely to engage the same auditor as its core firm when (1) the core firm engages a Big N auditor, (2) the core firm’s auditor is an industry specialist for both the core firm and its member firm, (3) the degree of vertical relatedness increases, or (4) the controlling shareholders’ deviation of voting rights from cash flow rights increases (hereafter deviation). On the other hand, the likelihood of a member firm engaging the same auditor as its core firm when induced by higher deviation could be offset by the influence of stronger business vertical linkages.     

Mobile Telephony,Financial Inclusion and Inclusive Growth

ABSTRACT

The paper employs the multipurpose nature of mobile telephony to investigate its welfare implications using a large sample of households in Ghana. We use seemingly unrelated probit and instrumental variable procedure to test for two related issues: First, we investigate whether mobile telephony promotes pro-poor development by helping households to efficiently allocate consumption and navigate out of poverty. Second, we analyze whether access to a broad array of financial services enhances the capacity of households to live worthwhile lives. The results show that mobile penetration and financial inclusion significantly reduce the probability of a household becoming poor and increase per capita household consumption of food and non-food items. Our results show that the welfare benefits of mobile telephony and financial inclusion are not more pronounced in female-headed households. These insights serve as useful guide for government and other stakeholders who are looking for avenues to improve livelihoods.     

Access Holidays and the Timing of Infrastructure Investment

For risky infrastructure investment, 'regulatory truncation' can diminish investment incentives. We model the truncation problem, showing the link to regulatory commitment, and derive optimal state-contingent access prices. If regulators cannot commit ex ante to specific ex post access prices then a regulatory commitment to a fixed period free of access – an access holiday – can improve investment incentives. We establish conditions under which an access holiday may improve investment timing and show how an optimal holiday depends on the underlying profit flows from the investment. In particular, we show that an optimal holiday may leave investors with positive expected economic profits.