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Intermediaries: The Hero We Need?

In policy discussions about the digital economy, a background assumption that frequently underlies the discourse is that intermediaries and centralization always and only serve as a cost to consumers, and to society more generally. Thus, one commonly sees arguments that consumers would be better off if they could freely combine products from different trading partners. ... Intermediaries: The Hero We Need?

Online Display Advertising: What’s the relevant market?

Digital advertising is the economic backbone of the Internet. It allows websites and apps to monetize their userbase without having to charge them fees, while the emergence of targeted ads allows this to be accomplished affordably and with less wasted time wasted. This advertising is facilitated by intermediaries using the “adtech stack,” through which advertisers ... Online Display Advertising: What’s the relevant market?

Facebook and the Pros and Cons of Ex Post Merger Reviews

The Federal Trade Commission and 46 state attorneys general (along with the District of Columbia and the Territory of Guam) filed their long-awaited complaints against Facebook Dec. 9. The crux of the arguments in both lawsuits is that Facebook pursued a series of acquisitions over the past decade that aimed to cement its prominent position ... Facebook and the Pros and Cons of Ex Post Merger Reviews

What Has Big Tech Ever Done for Us? Part I

[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Dirk Auer, (Senior Fellow of Law & Economics, International Center for Law & Economics).] Republican Senator Josh ... What Has Big Tech Ever Done for Us? Part I

Biweekly FTC Roundup: A Guide for the Perplexed Edition

In a prior post, I made the important if wholly unoriginal point that the Federal Trade Commission’s (FTC) recent policy statement regarding unfair methods of competition (UMC)—perhaps a form of “soft law”—has neither legal force nor precedential value. Gus Hurwitz offers a more thorough discussion of the issue here.  But policy statements may still have ... Biweekly FTC Roundup: A Guide for the Perplexed Edition

Whole Foods? Seriously? Why Are We Talking About Whole Foods?

So why this deal, in this symposium, and why now? The best substantive reason I could think of is admittedly one that I personally find important. As I said, I think we should take it much more seriously as a general matter, especially in highly dynamic contexts like Silicon Valley. There has been a history of arguably pre-emptive, market-occupying vertical and conglomerate acquisitions, by big firms of smaller ones that are technologically or otherwise disruptive. The idea is that the big firms sit back and wait as some new market develops in some adjacent sector. When that new market ripens to the point of real promise, the big firm buys some significant incumbent player. The aim is not. just to facilitate its own benevolent, wholesome entry, but to set up hopefully prohibitive challenges to other de novo entrants. Love it or leave it, that theory plausibly characterizes lots and lots of acquisitions in recent decades that secured easy antitrust approval, precisely because they weren’t obviously, presently horizontal. Many people think that is true of some of Amazon’s many acquisitions, like its notoriously aggressive, near-hostile takeover of Diapers.com.

The Butcher, the Baker and the Candlestick Maker (2.0)

My colleague Tom Hazlett strikes again in Barron’s on Google’s transformation from its initial reluctance to advertise and its desire to stick to the non-profit sector to an unrelenting market driven approach to its discovery that search-term clicks were … well … profitable. Here’s Hazlett: They discovered that Google’s clean page layout provided a clean ... The Butcher, the Baker and the Candlestick Maker (2.0)

Amazon/Whole Foods: What Me Worry?

Brandeis is back, with today’s neo-Brandeisians reflexively opposing virtually all mergers involving large firms. For them, industry concentration has grown to crisis proportions and breaking up big companies should be the animating goal not just of antitrust policy but of U.S. economic policy generally. The key to understanding the neo-Brandeisian opposition to the Whole Foods/Amazon mergers is that it has nothing to do with consumer welfare, and everything to do with a large firm animus. Sabeel Rahman, a Roosevelt Institute scholar, concedes that big firms give us higher productivity, and hence lower prices, but he dismisses the value of that. He writes, “If consumer prices are our only concern, it is hard to see how Amazon, Comcast, and companies such as Uber need regulation.” And this gets to the key point regarding most of the opposition to the merger: it had nothing to do with concerns about monopolistic effects on economic efficiency or consumer prices.  It had everything to do with opposition to big firm for the sole reason that they are big.

Direct public offerings, free writing prospectuses, Vonage, and SOX

Back in 2001 I published an article entitled Going Public Through an Internet Direct Public Offering: A Sensible Alternative for Small Companies? DPOs had been (and continue to be) touted as a financing alternative for a small company that needs capital but can’t attract angel or VC financing or an underwriter to take it public. ... Direct public offerings, free writing prospectuses, Vonage, and SOX

(grocery) STORE WARS

I’ve posted a couple of times about Wal-Mart’s foray into the organic food sector (see here and here). I’m wondering on which side this puts Wal-Mart in Store Wars. Is the chain now on the side of Cuke Skywalker, Tofu D2, and the exiled Princess Lettuce? Or is it still aligned with the evil Darth ... (grocery) STORE WARS

Let Ethanol Fail

The recent State of the Union address, in which President Bush called for an almost 500% increase in alternative fuel consumption by 2017, once again turned the nation’s attention to the various elixirs that promise to make the U.S. “energy independent.” The closer we look, though, the less appealing the leading alternative fuel — ethanol ... Let Ethanol Fail

First Annual FTC Microeconomics Conference: November 6-7

I think conferences like this are an effective way to attract talented economists to work on interesting antitrust problems.  I can envision a similar event from the Bureau of Competition or policy shops featuring academic research from law and economics scholars.  Here’s the conference announcement: The Federal Trade Commission’s Bureau of Economics will host a ... First Annual FTC Microeconomics Conference: November 6-7