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Fruits: Messy Mergers and Muddled Guidelines (Or, “Orange You Glad I Didn’t Say Banana?”)

[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Eric Fruits (Chief Economist, International Center for Law & Economics and Professor of Economics, Portland State University).] Vertical mergers are messy. They’re messy ... Fruits: Messy Mergers and Muddled Guidelines (Or, “Orange You Glad I Didn’t Say Banana?”)

Separation without a Breakup

[This post is the fourth in an ongoing symposium on “Should We Break Up Big Tech?“that features analysis and opinion from various perspectives.] [This post is authored by Pallavi Guniganti, editor of Global Competition Review.] Start with the assumption that there is a problem The European Commission and Austria’s Federal Competition Authority are investigating Amazon ... Separation without a Breakup

The View from Canada: A TOTM Q&A with Aaron Wudrick

Aaron, could you please tell us a bit about your background and how you became interested in competition law and digital-competition regulation? I’m a lawyer by profession, but have taken a somewhat unconventional career path—I started as a litigator in a small general practice in my hometown outside Toronto, moved on to corporate law with ... The View from Canada: A TOTM Q&A with Aaron Wudrick

Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”

[This post is the second in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by Philip Marsden, Bank of England & College of Europe, IG/Twitter:  @competition_flaneur] Since the release of our Furman Report, I have been blessed with an uptick in #antitrusttourism. ... Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”

Antitrust review of ag-biotech mergers: Appropriability versus cannibalization

This symposium offers a good opportunity to look again into the complex relation between concentration and innovation in antitrust policy. Whilst the details of the EC decision in Dow/Dupont remain unknown, the press release suggests that the issue of “incentives to innovate” was central to the review. Contrary to what had leaked in the antitrust ... Antitrust review of ag-biotech mergers: Appropriability versus cannibalization

New Paper Reveals “Stealth” Consolidation But Competitive Effects Remain Hidden

Thomas Wollmann has a new paper — “Stealth Consolidation: Evidence from an Amendment to the Hart-Scott-Rodino Act” — in American Economic Review: Insights this month. Greg Ip included this research in an article for the WSJ in which he claims that “competition has declined and corporate concentration risen through acquisitions often too small to draw ... New Paper Reveals “Stealth” Consolidation But Competitive Effects Remain Hidden

Can Experts Structure Markets? Don’t Count On It.

Complexity need not follow size. A star is huge but mostly homogenous. “It’s core is so hot,” explains Martin Rees, “that no chemicals can exist (complex molecules get torn apart); it is basically an amorphous gas of atomic nuclei and electrons.” Nor does complexity always arise from remoteness of space or time. Celestial gyrations can be ... Can Experts Structure Markets? Don’t Count On It.

NTIA Tries to Call the Tune on Digital Discrimination

We’ve all been there. You’re enjoying a hootenanny, and someone tries to change the tune. Kind of like yelling “Free Bird” at a Taylor Swift concert or asking a wedding DJ to play the chicken dance. Well, the National Telecommunications and Information Administration (NTIA) has jumped into the digital-discrimination hootenanny and put in some requests. ... NTIA Tries to Call the Tune on Digital Discrimination

Why the Federal Government’s Antitrust Case Against Google Should—and Likely Will—Fail

On October 20, 2020, the U.S. Department of Justice (DOJ) and eleven states with Republican attorneys general sued Google for monopolizing and attempting to monopolize the markets for general internet search services, search advertising, and “general search text” advertising (i.e., ads that resemble search results).  Last week, California joined the lawsuit, making it a bipartisan ... Why the Federal Government’s Antitrust Case Against Google Should—and Likely Will—Fail

We need leaders that embrace complexity, not dumb it down

In a recent NY Times opinion piece, Tim Wu, like Elizabeth Holmes, lionizes Steve Jobs. Like Jobs with the iPod and iPhone, and Holmes with the Theranos Edison machine, Wu tells us we must simplify the public’s experience of complex policy into a simple box with an intuitive interface. In this spirit he argues that ... We need leaders that embrace complexity, not dumb it down

This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight, Eminently Assailable

[N]ew combinations are, as a rule, embodied, as it were, in new firms which generally do not arise out of the old ones but start producing beside them; … in general it is not the owner of stagecoaches who builds railways. – Joseph Schumpeter, January 1934 Elizabeth Warren wants to break up the tech giants ... This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight, Eminently Assailable

Boom, bust, and collusion: Does it really matter?

A recent working paper by Hashmat Khan and Matthew Strathearn attempts to empirically link anticompetitive collusion to the boom and bust cycles of the economy. The level of collusion is higher during a boom relative to a recession as collusion occurs more frequently when demand is increasing (entering into a collusive arrangement is more profitable ... Boom, bust, and collusion: Does it really matter?