Showing results for: “digital markets act”
The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
Today, in ClearCorrect Operating, LLC v. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit held that electronic transmissions of digital data from abroad do not involve the importation of “articles” for purposes of Section 337 of the Tariff Act (“Section 337,” 19 U.S.C. § 1337), thereby stripping the U.S. International Trade ... The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
Technology Mergers and the Market for Corporate Control
In recent years, a growing chorus of voices has argued that existing merger rules fail to apprehend competitively significant mergers, either because they fall below existing merger-filing thresholds or because they affect innovation in ways that are purportedly ignored. These fears are particularly acute in the pharmaceutical and tech industries, where several high-profile academic articles ... Technology Mergers and the Market for Corporate Control
Investors and Regulators Can Both Fall for Platform Bubbles
In current discussions of technology markets, few words are heard more often than “platform.” Initial public offering (IPO) prospectuses use “platform” to describe a service that is bound to dominate a digital market. Antitrust regulators use “platform” to describe a service that dominates a digital market or threatens to do so. In either case, “platform” denotes power ... Investors and Regulators Can Both Fall for Platform Bubbles
An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data
The courtroom trial in the Federal Trade Commission’s (FTC’s) antitrust case against Qualcomm ended in January with a promise from the judge in the case, Judge Lucy Koh, to issue a ruling as quickly as possible — caveated by her acknowledgement that the case is complicated and the evidence voluminous. Well, things have only gotten more ... An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data
What To Make of MHHI? A policy problem
At the heart of the common ownership issue in the current antitrust debate is an empirical measure, the Modified Herfindahl-Hirschmann Index, researchers have used to correlate patterns of common ownership with measures of firm behavior and performance. In an accompanying post, Thom Lambert provides a great summary of just what the MHHI, and more specifically ... What To Make of MHHI? A policy problem
The Pandemic Exception that Proves the Market Rule
[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 Tim Brennan, (Professor, Economics & Public Policy, University of Maryland; former FCC; former FTC).] Thinking about how to think about ... The Pandemic Exception that Proves the Market Rule
Kroger/Albertsons: Is Labor Bargaining Power an Antitrust Harm?
The Federal Trade Commission’s (FTC) recent complaint challenging the proposed merger of the supermarkets Kroger Co. and Albertsons Companies Inc. has important implications for antitrust enforcement in labor markets. Central to the FTC’s case is how it chooses to define the relevant markets, and particularly the commission’s focus on unionized grocery workers. The complaint alleges ... Kroger/Albertsons: Is Labor Bargaining Power an Antitrust Harm?
Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics
Much has been made about the importance of Jones v. Harris as a battle in the ongoing war between behavioral economics and rational choice/neoclassical framework (see, e.g. the NYT). If the case if to be about the appropriate economic methodology or model for assessing legal questions, it is definitely an interesting turn to have Judge ... Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics
Oldie-but-Baddie: The Revival of an Antitrust ‘Efficiencies Offense’?
Recent antitrust forays on both sides of the Atlantic have unfortunate echoes of the oldie-but-baddie “efficiencies offense” that once plagued American and European merger analysis (and, more broadly, reflected a “big is bad” theory of antitrust). After a very short overview of the history of merger efficiencies analysis under American and European competition law, we ... Oldie-but-Baddie: The Revival of an Antitrust ‘Efficiencies Offense’?
What’s the Best Way to Pop a Bubble?
[NOTE: I was drafting this post when Henry Manne posted his open letter to Fama and French. I’m hesitant to post over Henry’s important letter, particularly since TOTM was down yesterday and lots of folks may not have seen the letter. I’m doing so only because this post is a good follow-up to Henry’s points ... What’s the Best Way to Pop a Bubble?
How Not to Promote US Innovation
President Joe Biden’s July 2021 executive order set forth a commitment to reinvigorate U.S. innovation and competitiveness. The administration’s efforts to pass the America COMPETES Act would appear to further demonstrate a serious intent to pursue these objectives. Yet several actions taken by federal agencies threaten to undermine the intellectual-property rights and transactional structures that ... How Not to Promote US Innovation
FTC UMC Roundup – It’s Getting Hot in Here
Someone has turned up the heat on Congress. I’m not saying Congress is responsible for the extreme heat being felt in much of the world this week – but I wouldn’t be surprised. With forward movement this week on both the CHIPS Act (with the Senate version partially resuscitating UCITA as well) and ADPPA. It ... FTC UMC Roundup – It’s Getting Hot in Here
