Showing results for: “digital markets act”
Should PeaceHealth Apply to De Facto Exclusive Dealing Claims?
Thom answers this question in the affirmative in his excellent post about the Ninth Circuit’s analysis in Masimo and is disappointed that the Ninth Circuit rejected the discount attribution standard as the sole test for Section 2 in favor of a separate inquiry as to whether the bundled discount arrangement resulted in a substantial foreclosure ... Should PeaceHealth Apply to De Facto Exclusive Dealing Claims?
Update on the Costs of Regulating Inequality
UPDATE: Larry has posted a very thoughtful response and overview of the debate (link below). Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument : I’m not sure I really understand, but I wonder if there is a sense ... Update on the Costs of Regulating Inequality
Dynamic Competition in Antitrust Law
The Horizontal Merger Guidelines are the intellectual cornerstone of modern antitrust law, yet they contain little discussion of innovation or dynamic competition. Although the Merger Guidelines do not constitute law merely by virtue of their promulgation by the agencies, the courts previously have accepted the revised principles that the agencies have advocated. By embracing the ... Dynamic Competition in Antitrust Law
Obama, Paternalism, and Behavioral Economics?
David Leonhardt wrote the following in a column last week in the NY Times: The easiest way to describe Senator Clinton’s philosophy is to say that she believes in the promise of narrowly tailored government policies, like focused tax cuts. She has more faith that government can do what it sets out to do, which ... Obama, Paternalism, and Behavioral Economics?
Law’s Information Revolution
For several months I’ve been threatening to unleash a new article that discusses the future of the law business, following the Death of Big Law. See my earlier posts on “law entrepreneurs” and “owning the law.” The day has at last arrived. The article is now called “Law’s Information Revolution,” co-authored by Bruce Kobayashi, and ... Law’s Information Revolution
Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism
For several decades, U.S. federal antitrust enforcers, on a bipartisan basis, have publicly supported the proposition that antitrust law seeks to advance consumer welfare by promoting economic efficiency and vigorous competition on the merits. This reflects an economic interpretation of the antitrust laws adopted by the Supreme Court beginning in the late 1970s, inspired by ... Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism
Paternalism and the iPod, Part II: The Behavioral Economics of Apple?
Dave Hoffman over at Concurring Opinions asks: “Is Apple Exploiting Consumer Irrationality?” Dave is worried that consumers’ continuing iPod purchases may be irrational in the face of evidence that many iPod’s fail within their one year warranty period or shortly after, and that this strategy might explain Apple’s “growing market strength.” How likely are consumer ... Paternalism and the iPod, Part II: The Behavioral Economics of Apple?
Lambert & Sykuta Comment to FTC on Common Ownership
The Federal Trade Commission will soon hold hearings on Competition and Consumer Protection in the 21st Century. The topics to be considered include: The state of antitrust and consumer protection law and enforcement, and their development, since the [1995] Pitofsky hearings; Competition and consumer protection issues in communication, information and media technology networks; The identification ... Lambert & Sykuta Comment to FTC on Common Ownership
Biweekly FTC Roundup: Throwing Stones in Glass Containers Edition
In February’s FTC roundup, I noted an op-ed in the Wall Street Journal in which Commissioner Christine Wilson announced her intent to resign from the Federal Trade Commission. Her departure, and her stated reasons therefore, were not encouraging for those of us who would prefer to see the FTC function as a stable, economically grounded, ... Biweekly FTC Roundup: Throwing Stones in Glass Containers Edition
A new approach to consumer regulation: firm ownership
We have heard a lot about how business exploits consumer biases and therefore we need more regulation and disclosure. By the time the Consumer Financial Protection Bureau gets up to speed, maybe the regulators will realize their dream of consumers behaving as they should. In the meantime, Ryan Bubb and Alex Kaufman have another approach ... A new approach to consumer regulation: firm ownership
The Lasting Legacy of the Amazon-Whole Foods Merger Will Likely Be the Spread of Grocery Tech
The negativity that surrounded the deal at its announcement made Whole Foods seem like an innocent player, but it is important to recall that they were hemorrhaging and were looking to exit. Throughout the 2010s, the company lost its market leading edge as others began to offer the same kinds of services and products. Still, the company was able to sell near the top of its value to Amazon because it was able to court so many suitors. Given all of these features, Whole Foods could have been using the exit as a mechanism to appropriate another firm’s rent.
Agricultural and Biotech Mergers Symposium
On March 27, 2017, the European Commission cleared the merger of Dow and DuPont, subject to conditions including divestiture of DuPont’s “global R&D organisation.” As the Commission noted: The Commission had concerns that the merger as notified would have reduced competition on price and choice in a number of markets for existing pesticides. Furthermore, the ... Agricultural and Biotech Mergers Symposium
