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  • 12 Jan 2015
  • Research & Ideas

Regulators Ease Up on Companies Generating Political Benefits

doing something—usually donating money—to set it in motion. “My results suggest the more you treat the uninsured and the more you provide medical education the less likely you will be subject to these enforcement actions” But what if... View Details
Keywords: by Michael Blanding
  • August 1995 (Revised March 1998)
  • Background Note

Competition Policy in the European Union in 1995

Describes the history of the competition policy in the European Union, and focuses on the evolution of pan-European and member-state statutes. The tension between policy and enforcement at various levels draws attention to issues of market definition, especially in... View Details
Keywords: Competition; Policy; European Union
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McGahan, Anita M., and Geoffrey Verter. "Competition Policy in the European Union in 1995." Harvard Business School Background Note 796-038, August 1995. (Revised March 1998.)
  • 2015
  • Article

Regulator Leniency and Mispricing in Beneficent Nonprofits

By: Jonas Heese, Ranjani Krishnan and Frank Moers
We posit that nonprofits that provide a greater supply of unprofitable services (beneficent nonprofits) face lenient regulatory enforcement for mispricing in price-regulated markets. Consequently, beneficent nonprofits exploit such regulatory leniency and exhibit... View Details
Keywords: Nonprofit Organizations; Business Earnings; Fairness; Governance Compliance
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Heese, Jonas, Ranjani Krishnan, and Frank Moers. "Regulator Leniency and Mispricing in Beneficent Nonprofits." Art. 11998. Academy of Management Proceedings (2015).
  • March 2021
  • Article

The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror

By: Trung Nguyen
This paper analyzes the impact of changes in regulatory priorities and resource allocation on criminal enforcement of white‐collar criminal activities. Using the 9/11 terrorist attacks as a shock to the FBI's priorities and allocation of investigative resources, as... View Details
Keywords: White-collar Crime; Government Regulation; Financial Fraud; Securities Fraud; Insider Trading; Crime and Corruption; Finance; Governing Rules, Regulations, and Reforms; Law Enforcement
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Nguyen, Trung. "The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror." Journal of Accounting Research 59, no. 1 (March 2021): 5–58.
  • Article

The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets

By: Leemore S. Dafny
This article describes potential regulatory and legislative reforms to assist antitrust enforcement agencies in halting anticompetitive acquisitions and practices, and preserving and promoting competition in health care markets. View Details
Keywords: Health Care and Treatment; Markets; Competition; Governing Rules, Regulations, and Reforms
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Dafny, Leemore S. "The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets." Promarket (June 10, 2021).
  • March 2010
  • Case

Federal Bureau of Investigation, 2007

By: Jan W. Rivkin, Michael Roberto and Ranjay Gulati
In the wake of the 9/11 terrorist attacks, Robert Mueller, the Director of the Federal Bureau of Investigation (FBI), sought to transform the storied Bureau. The FBI had long served as both the chief law enforcement agency and the main domestic intelligence wing of the... View Details
Keywords: Transformation; Organizational Structure; Organizational Change and Adaptation; Government Administration; National Security; Corporate Strategy; Knowledge Acquisition; Law Enforcement; Public Administration Industry; United States
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Rivkin, Jan W., Michael Roberto, and Ranjay Gulati. "Federal Bureau of Investigation, 2007." Harvard Business School Case 710-451, March 2010.
  • June 2014
  • Supplement

Ad Classification at Right Media — slide supplement (widescreen)

By: Benjamin Edelman
Right Media considers systems and policies to make sure that ads are only shown on web sites where they are appropriate, and vice versa. Setting standards is particularly challenging given the large and growing marketplace, the numerous participants, their diverse... View Details
Keywords: Media; Online Advertising; Market Participation; Negotiation Tactics; Communication; Marketing Communications; Digital Marketing; Standards
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Edelman, Benjamin. "Ad Classification at Right Media — slide supplement (widescreen)." Harvard Business School PowerPoint Supplement 914-054, June 2014.
  • December 2010
  • Supplement

Ad Classification at Right Media — slide supplement

By: Benjamin Edelman
Right Media considers systems and policies to make sure that ads are only shown on web sites where they are appropriate, and vice versa. Setting standards is particularly challenging given the large and growing marketplace, the numerous participants, their diverse... View Details
Keywords: Media; Digital Marketing; Market Participation; Negotiation Tactics; Marketing Communications; Communication; Advertising Industry; Media and Broadcasting Industry
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Edelman, Benjamin. "Ad Classification at Right Media — slide supplement." Harvard Business School PowerPoint Supplement 911-038, December 2010.
  • July 2010
  • Background Note

Remedies for Patent Infringement under U.S. Law

By: Lena G. Goldberg and Chad Carr
Under the U.S. Patent Act, a patent owner has a statutory right to exclude others from engaging in the unauthorized production, use, sale, or importation of a patented invention. This note examines how that right is enforced and what remedies a patent owner has when... View Details
Keywords: Innovation and Invention; Patents; Law Enforcement; Rights; United States
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Goldberg, Lena G., and Chad Carr. "Remedies for Patent Infringement under U.S. Law." Harvard Business School Background Note 311-020, July 2010.
  • 27 Aug 2013
  • Working Paper Summaries

The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market

Keywords: by Yongwook Paik & Feng Zhu; Legal Services
  • June 21, 2017
  • Article

Uber Can't Be Fixed—It's Time for Regulators to Shut It Down

By: Benjamin G. Edelman
I argue that Uber's intentional malfeasance is its comparative advantage. But having grown through intentional illegality, Uber should face strict enforcement of applicable preexisting laws—penalties that would probably bankrupt the company. View Details
Keywords: Lawfulness; Laws and Statutes; Legal Liability; Law; Transportation; Transportation Industry; Information Technology Industry
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Edelman, Benjamin G. "Uber Can't Be Fixed—It's Time for Regulators to Shut It Down." Harvard Business Review (website) (June 21, 2017). (Translations: Japanese, Russian.)
  • Research Summary

What Makes the Bonding Stick? A Natural Experiment Involving the U.S. Supreme Court and Cross-Listed Firms

On March 29, 2010, the U.S. Supreme Court signaled its intention to geographically limit the reach of the U.S.securities antifraud regime and thus differentially exclude U.S.-listed foreign firms from the ambit of formal U.S.antifraud enforcement.  We exploit this... View Details

Keywords: Cross-listing; Corporate Governance; Civil Liability; Bonding
  • July 2011
  • Background Note

Just an MOU or a Real Deal?

By: Lena G. Goldberg and Mary Beth Findlay
Notwithstanding the professed intention of a party to an MOU, a "preliminary" agreement can have binding effect. This note explores the circumstances under which MOUs may give rise to binding and enforceable agreements. View Details
Keywords: Curriculum and Courses; Contracts; Legal Liability; Management; Risk Management
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Goldberg, Lena G., and Mary Beth Findlay. "Just an MOU or a Real Deal?" Harvard Business School Background Note 312-018, July 2011.
  • Research Summary

Tax evasion

Tax evasion generates billions of dollars of losses in government revenue and creates large distortions, especially in developing countries. A growing, mostly theoretical literature argues that information flows are central to understanding effective taxation.... View Details
  • Article

Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers

By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos
Cash-for-information whistleblower programs have gained momentum as a regulatory tool to enforce corporate misconduct. Yet, little is known about how financial incentives affect whistleblowers’ decisions to report potential misconduct to authorities. Similarly, there... View Details
Keywords: Corporate Misconduct; Whistleblowers; Financial Incentives; Ethics; Governance Compliance; Lawsuits and Litigation
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Dey, Aiyesha, Jonas Heese, and Gerardo Pérez Cavazos. "Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers." Harvard Law School Forum on Corporate Governance (June 10, 2021).
  • February 2005
  • Article

Can Foreign Firms Bond Themselves Effectively by Renting U.S. Securities Laws?

By: Jordan I. Siegel
The study tests the functional convergence hypothesis, which states that foreign firms can leapfrog their countries' weak legal institutions by listing equities in New York and agreeing to follow U.S. securities law. Evidence shows that the SEC and minority... View Details
Keywords: Corporate Governance; Cross-listing; Reputation; Bonding; Business Ventures; Laws and Statutes; Financial Instruments; United States; Mexico
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Siegel, Jordan I. "Can Foreign Firms Bond Themselves Effectively by Renting U.S. Securities Laws?" Journal of Financial Economics 75, no. 2 (February 2005): 319–359. (The study tests the functional convergence hypothesis, which states that foreign firms can leapfrog their countries' weak legal institutions by listing equities in New York and agreeing to follow U.S. securities law. Evidence shows that the SEC and minority shareholders have not effectively enforced the law against cross-listed foreign firms. Detailed evidence from Mexico further shows that while some insiders exploited this weak legal enforcement with impunity, others that issued a cross-listing and passed through an economic downturn with a clean reputation went on to receive privileged long-term access to outside finance. As compared with legal bonding, reputational bonding better explains the success of cross-listings.)
  • February 2011
  • Background Note

Corporate Reform Elements of the Dodd-Frank Act

By: Robert C. Pozen, Phillip Andrews and David Lane
This note summarizes the four major changes affecting corporate governance that were made by the Dodd-Frank Act of 2010. These changes relate to: advisory notes by shareholders, refinements to board structure, non-disclosure on compensation and tightening up of certain... View Details
Keywords: Corporate Disclosure; Corporate Governance; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Government Legislation; Executive Compensation; Business and Shareholder Relations; United States
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Pozen, Robert C., Phillip Andrews, and David Lane. "Corporate Reform Elements of the Dodd-Frank Act." Harvard Business School Background Note 311-091, February 2011.
  • Research Summary

Optimal Contracts under Inequity Aversion with Voluntary Enforcement (with Tilman Borgers)

We analyze contract structure and efficiency in a Moral Hazard model with possibly fairminded agent and principal when the contract is not automatically enforced but this is a voluntary choice by the contracting parties independently. We find that no penalizing... View Details
  • 16 Dec 2008
  • First Look

First Look: December 16, 2008

requires that students consider sources of competitive advantage that arise from the companies' markedly different business models. Purchase this case: http://harvardbusinessonline.hbsp.harvard.edu/ b01/en/common/item_detail.jhtml?id=709409 International View Details
Keywords: Sean Silverthorne
  • March–April 2020
  • Article

Pricing Policies that Protect your Brand

By: Ayelet Israeli and Eugene F. Zelek Jr.
When customers seek out online deals, it seems like a win for everybody: Brands, retailers, dealers, and distributors sell more goods, and buyers get a bargain. What's not to like? Here's the problem: Lured by rock-bottom online prices, customers often end up dealing... View Details
Keywords: Price; Policy; Brands and Branding; E-commerce
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Israeli, Ayelet, and Eugene F. Zelek Jr. "Pricing Policies that Protect your Brand." Harvard Business Review 98, no. 2 (March–April 2020): 76–83.
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