Showing results for: “digital markets act”
Suprema v. ITC: The Case for Chevron Deference
Recently, the en banc Federal Circuit decided in Suprema, Inc. v. ITC that the International Trade Commission could properly prevent the importation of articles that infringe under an indirect liability theory. The core of the dispute in Suprema was whether § 337 of the Tariff Act’s prohibition against “importing articles that . . . infringe ... Suprema v. ITC: The Case for Chevron Deference
Commissioner Wright’s McWane Dissent Illuminates the Law and Economics of Exclusive Dealing
Commissioner Josh Wright’s dissenting statement in the Federal Trade Commission’s recent McWane proceeding is a must-read for anyone interested in the law and economics of exclusive dealing. Wright dissented from the Commission’s holding that McWane Inc.’s “full support” policy constituted unlawful monopolization of the market for domestic pipe fittings. Under the challenged policy, McWane, the ... Commissioner Wright’s McWane Dissent Illuminates the Law and Economics of Exclusive Dealing
Labor Antitrust Analysis Should Focus on Actual Anticompetitive Agreements
Biden administration enforcers at the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) have prioritized labor-market monopsony issues for antitrust scrutiny (see, for example, here and here). This heightened interest comes in light of claims that labor markets are highly concentrated and are rife with largely neglected competitive problems that depress workers’ income. ... Labor Antitrust Analysis Should Focus on Actual Anticompetitive Agreements
Robinson-Patman Act Repealed!
Ok, not really. But the Antitrust Modernization Committee voted overwhelmingly in favor to repeal the Act (HT: Antitrust Review). Apparently, nine Commissioners voted in support of a the statement: “that Congress should repeal the Act in its entirety” on the grounds that: (1) the Act does not serve any purposes not already served by the ... Robinson-Patman Act Repealed!
How Copyright Drives Innovation in Scholarly Publishing
[Cross posted at the Center for the Protection of Intellectual Property blog.] Today’s public policy debates frame copyright policy solely in terms of a “trade off” between the benefits of incentivizing new works and the social deadweight losses imposed by the access restrictions imposed by these (temporary) “monopolies.” I recently posted to SSRN a new ... How Copyright Drives Innovation in Scholarly Publishing
A Holiday Hootenanny Hiatus, But First, Some Title II Talk
For those of who’ve been doing the Telecom Two-Step over the past year, the holiday break can’t come soon enough. Last week, comments were due on the Federal Communications Commission’s (FCC) latest proposal to impose Title II common-carrier regulation under the guise of net neutrality national security. Before that, we had the FCC’s new and ... A Holiday Hootenanny Hiatus, But First, Some Title II Talk
Whose Failure Is the Failed Amazon/iRobot Merger?
The European Commission told Amazon in November 2023 of its preliminary view that the company’s proposed acquisition of iRobot restricted competition in the market for robot vacuum cleaners (RVCs) and could hamper rival RVC suppliers’ ability to compete effectively. The deal, the Commission asserted, would give Amazon incentive to foreclose iRobot’s competitors by engaging in ... Whose Failure Is the Failed Amazon/iRobot Merger?
Merchant Collusion as an Antitrust Remedy
In my first post I discussed the potential for interchange legislation from a consumer protection perspective, that is, would the combination of disclosure requirements coupled with a reduction of interchange fees be likely to improve consumer welfare. I concluded that from the consumer protection perspective, the case for interchange legislation was weak. I noted that ... Merchant Collusion as an Antitrust Remedy
What is a search engine?
What is a search engine? This might seem like an innocuous question, but it lies at the heart of the US Department of Justice and state Attorneys’ General antitrust complaint against Google, as well as the European Commission’s Google Search and Android decisions. It is also central to a report published by the UK’s Competition ... What is a search engine?
What Can the Stock Market Tell Us About the T-Mobile/Sprint Merger?
On Monday evening, around 6:00 PM Eastern Standard Time, news leaked that the United States District Court for the Southern District of New York had decided to allow the T-Mobile/Sprint merger to go through, giving the companies a victory over a group of state attorneys general trying to block the deal. Thomas Philippon, a professor ... What Can the Stock Market Tell Us About the T-Mobile/Sprint Merger?
Is There Any Market Power in Online Display Advertising?
A lawsuit filed by the State of Texas and nine other states in December 2020 alleges, among other things, that Google has engaged in anticompetitive conduct related to its online display-advertising business. Broadly, the Texas complaint (previously discussed in this TOTM symposium) alleges that Google possesses market power in ad-buying tools and in search, illustrated ... Is There Any Market Power in Online Display Advertising?
Breaking up Amazon? Platforms, Private Labels and Entry
[This post is the first 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 Randal C. Picker, James Parker Hall Distinguished Service Professor of Law at The University of Chicago Law School] The European Commission just announced that it ... Breaking up Amazon? Platforms, Private Labels and Entry
