Publications

December 2024
Article

Is There Too Little Antitrust Enforcement in the U.S. Hospital Sector?

By: Zarek Brot-Goldberg, Zack Cooper, Stuart Craig and Lev Klarnet

From 2002 to 2020, there were over 1,000 mergers of U.S. hospitals. During this period, the Federal Trade Commission (FTC) took enforcement actions against 13 transactions. However, using the FTC’s standard screening tools, we find that 20% of these mergers could have... View Details

Keywords: Monopoly; Mergers and Acquisitions; Governing Rules, Regulations, and Reforms; Competition; Health Industry

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2018
Chapter

Between Economic Planning and Market Competition: International Law and Economics in the U.S.

By: Laura Phillips Sawyer

The impact of institutional economics in shaping the American regulatory tradition has largely been dismissed as an incoherent attack on the neoclassical economic paradigm. This essay briefly reconstructs the interwar institutionalist movement, exploring the... View Details

Keywords: Economics; History; Governing Rules, Regulations, and Reforms; Business and Government Relations; United States

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05 Oct 2011
News

On Corporate Taxes, Put the Public in Publicly Traded: View

February 2019 (Revised November 2023)
Case

Rent-a-Center/Vintage Capital

By: Guhan Subramanian and Caeden Brynie

Christopher Korst, General Counsel for Rent-A-Center (RAC), looked at the time. It was late in the evening on December 17, 2018, yet no notice of extension had come from Vintage Capital. In June, Vintage had agreed to buy RAC for $15 per share in cash, amounting to... View Details

Keywords: Negotiation; Communication; Decision Making

Research Summary

Overview

Professor Sawyer’s research focuses on U.S. political economy in the late 19th and early 20th centuries, concentrating on the development of competition policy and the administrative state. While the conventional history of U.S. competition policy portrays the... View Details

November 2004 (Revised January 2006)
Case

Martha Stewart (A)

By: Lynn S. Paine and Christopher Bruner

Explores Martha Stewart's December 2001 sale of ImClone Systems common stock, the ensuing federal investigations into possible insider trading, and Stewart's criminal prosecution and sentencing. Discusses the impact of publicity on Stewart's company, Martha Stewart... View Details

Keywords: Capital Markets; Corporate Governance; Financial Markets; Management Teams; Law; Government and Politics

Dennis Yao is the Lawrence E. Fouraker Professor of Business Administration and Chair of the Doctoral Programs at Harvard Business School. He joined the faculty in 2004 after having been at the Wharton School, University of Pennsylvania. From 1991-1994 he served as... View Details

Keywords: federal government; federal government; federal government; federal government

Leemore S. Dafny

Leemore Dafny is the Bruce V. Rauner Professor of Business Administration and the Mary Ellen Jay and Jeffrey Jay Fellow at the Harvard Business School, and Professor of Public Policy at the Harvard Kennedy School. Dafny is an applied microeconomist whose... View Details

Keywords: health care

August 2008 (Revised May 2009)
Background Note

International Enforcement of U.S. Patents

By: Robert C. Pozen and Jordan Hirsch

A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World Trade Organization. This note discusses the pros and... View Details

Keywords: International Relations; Patents; Courts and Trials; Lawsuits and Litigation; Rights

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2019
Article

Pay-for-Monopoly?: An Assessment of Reverse Payment Deals by Pharmaceutical Companies

By: Sana Rafiq and Max Bazerman

Abstract Over the past eighteen years, pharmaceutical firms have developed a blueprint to impede competition in order to maintain their monopoly profits. This scheme, termed pay-for-delay, involves direct or indirect payment of money from a branded-drug manufacturer... View Details

Keywords: Monopoly; Policy; Competition; Agreements and Arrangements; Pharmaceutical Industry

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February 1997 (Revised May 1998)
Case

3M: Negotiating Air Pollution Credits (A)

By: Michael A. Wheeler and Thomas Dretler

A proposed trade of air pollution emission credits between 3M (now Imation) and Procter and Gamble is described. Though such trading is encouraged under federal environmental laws, 3M had adopted a company-wide policy against such deals. Procter and Gamble needs the... View Details

Keywords: Conflict of Interests; Negotiation Types; Pollutants; Negotiation Participants; Laws and Statutes; Policy; Government and Politics; United States

September 2016 (Revised October 2016)
Technical Note

Internet Data Capping Note

By: Shane Greenstein, Lisa Cox and Christine Snively

In April 2016, U.S. federal regulators approved Charter Communications’ acquisition of Time Warner Cable (TWC). The Department of Justice (DoJ) and Federal Communications Commission (FCC), however, stipulated that the new company could not apply data caps or introduce... View Details

Keywords: Internet Service Provider; Data Caps; Compression; Information Technology; Internet and the Web; United States

Research Summary

Overview

My current project examines how U.S. industrial union leaders engaged in political lobbying and worked through international trade union federations to advance their interests related to international trade, capital movements, and global labor standards from the 1940s... View Details

November 2010
Case

Lessons Learned? Brooksley Born & the OTC Derivatives Market (A)

By: Clayton S. Rose and David Lane

On May 7, 1998, the U.S. Commodity Futures Trading Commission, chaired by Brooksley Born, issued a "Concept Release" inviting public comment on the relevance and appropriateness of existing regulation of the over-the-counter (OTC) derivatives market, a market with a... View Details

Keywords: Financial Crisis; Credit Derivatives and Swaps; Governing Rules, Regulations, and Reforms; Policy; Business and Government Relations; Financial Services Industry; Public Administration Industry; District of Columbia

13 Oct 2020
News

Despite JPMorgan’s record spoofing fine, deterrence questions remain

2009
Other Unpublished Work

The Pecora Hearings

By: David Moss, Cole Bolton and Eugene Kintgen

In 1932, in the depths of the Great Depression, the Senate Banking Committee began a much-publicized investigation of the nation's financial sector. The hearings, which came to be known as the Pecora hearings after the Banking Committee's lead counsel Ferdinand... View Details

Keywords: Financial History; Financial Crisis; Financial Markets; Governing Rules, Regulations, and Reforms; Government Legislation; Laws and Statutes; Business and Government Relations; Financial Services Industry

10 Dec 2021
News

New NYC Law Restricts Hiring Based on Artificial Intelligence

January 2016 (Revised February 2016)
Case

Citizens United and Corporate Speech

By: David Moss and Marc Campasano

The story of Citizens United began in late 2007, as leading members of the Republican and Democratic parties were preparing for the 2008 presidential primaries. Democrats expected a three-way contest in their party between Senator Barack Obama of Illinois, Senator (and... View Details

Keywords: Rights; Internet and the Web; Political Elections; Lawsuits and Litigation; Business and Government Relations

September 2000 (Revised May 2003)
Case

Radio One, Inc.

By: Richard S. Ruback and Pauline M Fischer

Radio One (NYSE: ROIA and RIOAK), the largest radio group targeting African-Americans in the country, had the opportunity to acquire 12 urban stations in the top 50 markets from Clear Channel Communications, Inc. (NYSE: CCU) in the winter of 2000. The stations were... View Details

Keywords: Negotiation; Valuation; Race; Mergers and Acquisitions; Financial Strategy; Media and Broadcasting Industry; Indiana; United States; North Carolina