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- March 2023
- Article
Not from Concentrate: Collusion in Collaborative Industries
By: Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery
The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete.
In many... View Details
In many... View Details
Keywords: Antitrust; Antitrust Law; Antitrust Theory; Law And Economics; Collusion; Collaboration; Collaborative Industries; Regulation; ＂Repeated Games＂; IPOs; Initial Public Offerings; Underwriters; Real Estate; Real Estate Agents; Realtors; Syndicated Markets; Syndication; Brokers; Market Concentration; Competition; Law; Economics; Collaborative Innovation and Invention; Governing Rules, Regulations, and Reforms; Game Theory; Initial Public Offering
- December 2022
- Article
Does Industry Employment of Active Regulators Weaken Oversight?
By: Jonas Heese
I study whether industry employment of active regulators weakens oversight. To examine this question, I exploit that the Financial Reporting Enforcement Panel (FREP), the German capital-market regulator responsible for enforcing public firms’ compliance with accounting... View Details
- 2022
- Book
Corporate Criminal Investigations and Prosecutions
By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and... View Details
- June 2021
- Article
Does the Freedom of Information Act Foil the Securities and Exchange Commission's Intent to Keep Investigations Confidential?
By: Braiden Coleman, Kenneth Merkley, Brian Miller and Joseph Pacelli
The Securities and Exchange Commission (SEC) has a long-standing policy to keep formal investigations confidential. In this study, we examine the extent to which compliance with the Freedom of Information Act (FOIA) provides investors with information about ongoing SEC... View Details
- February 2021
- Case
Apple: Privacy vs. Safety (A)
By: Henry McGee, Nien-hê Hsieh, Sarah McAra and Christian Godwin
In 2015, Apple CEO Tim Cook debuted the iPhone 6S with enhanced security measures that enflamed a debate on privacy and public safety around the world. The iPhone 6S, amid a heightened concern for privacy following the 2013 revelation of clandestine U.S. surveillance... View Details
Keywords: Iphone; Encryption; Data Privacy; Customers; Customer Focus and Relationships; Decision Making; Ethics; Values and Beliefs; Globalized Firms and Management; Government and Politics; National Security; Law; Law Enforcement; Leadership; Markets; Safety; Social Issues; Corporate Social Responsibility and Impact; Civil Society or Community; Mobile and Wireless Technology; Technology Industry; Consumer Products Industry; Telecommunications Industry; Electronics Industry; United States; China; Hong Kong
- February 2021
- Article
The Department of Justice as a Gatekeeper in Whistleblower-Initiated Corporate Fraud Enforcement: Drivers and Consequences
By: Jonas Heese, Ranjani Krishnan and Hari Ramasubramanian
We examine drivers and consequences of U.S. Department of Justice (DOJ) oversight of whistleblower cases of corporate fraud against the government. We find that the DOJ is more likely to intervene in and conduct longer investigations of cases that have a higher chance... View Details
- November 2020 (Revised June 2022)
- Case
Community-First Public Safety
By: Mitchell B. Weiss and Sarah Mehta
How many police officer positions to fund? In August 2020, the question facing St. Paul Mayor Melvin Carter, which might have seemed routine to another mayor at another time in another place, was anything but. A pandemic had rendered the city some $19-$34 million short... View Details
- 2019
- Article
The Frequency of Corporate Misconduct: Public Enforcement versus Private Reality
By: Eugene F. Soltes
Perceptions about the frequency of misconduct—among the public, academics and even
regulators—have largely been formed by examining enforcement statistics, which rely on the detection and sanctioning of the misconduct. This study aims to illuminate the real occurrence... View Details
- September 2019
- Article
The Effect of Enforcement Transparency: Evidence from SEC Comment-Letter Reviews
By: Miguel Duro, Jonas Heese and Gaizka Ormazabal
This paper studies the effect of the public disclosure of the Securities and Exchange Commission (SEC) comment-letter reviews (CLs) on firms’ financial reporting. We exploit a major change in the SEC’s disclosure policy: in 2004, the SEC decided to make its CLs... View Details
- Summer 2019
- Article
The Political Influence of Voters' Interests on SEC Enforcement
By: Jonas Heese
I examine whether political influence as a response to voters’ interest in employment levels is reflected in the enforcement actions of the Securities and Exchange Commission (SEC). I find that large employers are less likely to experience SEC enforcement actions.... View Details
- November 2017
- Case
Loss Prevention at Mac's Convenience Stores (A)
By: Francesca Gino, Katherine DeCelles and Olivia Hull
Faced with a persistent robbery problem at his convenience store company, Sean Sportun, security and loss prevention manager at Mac’s of Central Canada, looked to standardize safety measures and devise a new way of preventing employee injury. But as a 32-year old with... View Details
- November 2017
- Supplement
Loss Prevention at Mac's Convenience Stores (B)
By: Francesca Gino, Katherine DeCelles and Olivia Hull
Supplement to HBS No. 918-001. The case describes the inventive approaches to retail crime prevention that Sean Sportun, security and loss prevention manager at Mac’s Convenience Stores, implemented between 2007 and 2017. View Details
- November 2016 (Revised November 2016)
- Case
Mark43
By: Thomas Eisenmann, Mitch Weiss and Halah AlQahtani
The founders of Mark43, an early-stage startup that provides software for law enforcement agencies, must decide whether to bid on a request for proposals (RFP) from the Los Angeles Police Department (LAPD). On the one hand, LAPD would be a second large and influential... View Details
- October 2016 (Revised March 2017)
- Case
Airbnb in Amsterdam (A)
By: Mitchell Weiss, Emer Moloney and Vincent Dessain
In February 2014, Amsterdam became the first city to issue new regulations specifically to allow home sharing. Airbnb's Molly Turner, global head of civic partnerships; her colleagues at the San Francisco–based home sharing platform; and her counterparts in Amsterdam's... View Details
Keywords: Public Entrepreneurship; Innovation; Sharing Economy; Amsterdam; Airbnb; Molly Turner; Regulation; Homesharing; Tourism; Business And Government; Public-private Partnership; Entrepreneurship; Business and Government Relations; Government Administration; Public Sector; City; Public Administration Industry; Public Administration Industry; Public Administration Industry; Netherlands; Europe
- March 2015 (Revised March 2016)
- Background Note
Note: Industry Self-Regulation: Sustaining the Commons in the 21st Century?
By: Rebecca Henderson, Amram Migdal and Tony He
Industry self-regulation has, in general, a lousy track record. Many studies have shown that it is often ineffective unless backed by the power of the state, and that in some cases it serves rather to forestall government intervention or to reduce competition than as... View Details
- 2014
- Article
Why Was Boston Strong?: Law Enforcement Lessons from the Boston Marathon Bombing
By: Dutch Leonard, Christine M. Cole and Arnold M. Howitt
On April 15, 2013, at 2:49 pm, an improvised explosive device (IED) detonated near the finish line of the Boston Marathon. Three people died, and more than 260 others needed hospital care, many having lost limbs or suffered horrific wounds. Those explosions began about... View Details
- March 2013 (Revised March 2013)
- Case
Rough Justice: Stuart Eizenstat and Holocaust-era Asset Restitution (A)
By: James K. Sebenius and Laurence A. Green
Beginning in 1994, a series of articles and public disclosures indicated that Swiss banks may have retained assets belonging to victims of the Holocaust, and also may have engaged in long term attempts to block survivors' ability to recover those assets after World War... View Details
- January–February 2013
- Article
When the Crowd Fights Corruption
By: Paul M. Healy and Karthik Ramanna
Corruption is the greatest impediment to conducting business in Russia, according to leaders recently surveyed by the World Economic Forum. Indeed, it's a problem in many emerging markets, and businesses have a role to play in combating it, according to Healy and... View Details
- 2012
- White Paper
Robust Enforcement Should Complement Voluntary Regulation
By: Jodi L. Short and Michael W. Toffel
Spurred by the anti-regulation movement that started in the 1970s, voluntary self-regulation programs have emerged in many regulatory agencies, seeking to increase cooperation between government and industry to achieve greater and more cost-effective compliance.... View Details
- 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