The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “DMA”

The Globalization of Antitrust: A Cost-Benefit Appraisal

Overview Virtually all countries in the world have adopted competition laws over the last three decades. In a recent Mercatus Foundation Research Paper, I argue that the spread of these laws has benefits and risks. The abstract of my Paper states: The United States stood virtually alone when it enacted its first antitrust statute in ... The Globalization of Antitrust: A Cost-Benefit Appraisal

Breaking Down House Democrats’ Forthcoming Competition Bills

Democratic leadership of the House Judiciary Committee have leaked the approach they plan to take to revise U.S. antitrust law and enforcement, with a particular focus on digital platforms.  Broadly speaking, the bills would: raise fees for larger mergers and increase appropriations to the FTC and DOJ; require data portability and interoperability; declare that large ... Breaking Down House Democrats’ Forthcoming Competition Bills

The Contestable Platform Paradox

Why do digital industries routinely lead to one company having a very large share of the market (at least if one defines markets narrowly)? To anyone familiar with competition policy discussions, the answer might seem obvious: network effects, scale-related economies, and other barriers to entry lead to winner-take-all dynamics in platform industries. Accordingly, it is ... The Contestable Platform Paradox

No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

What should a competition law for 21st century look like? This point is debated across many jurisdictions. The Digital Markets, Competition, and Consumers Bill (DMCC) would change UK competition law’s approach to large platforms. The bill’s core point is to place the UK Competition and Markets Authority’s (CMA) Digital Markets Unit (DMU) on a statutory footing with ... No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

Case closed: Google wins (for now)

The European Commission and its supporters were quick to claim victory following last week’s long-awaited General Court of the European Union ruling in the Google Shopping case. It’s hard to fault them. The judgment is ostensibly an unmitigated win for the Commission, with the court upholding nearly every aspect of its decision.  However, the broader ... Case closed: Google wins (for now)

Mandatory Interoperability Is Not a ‘Super Tool’ for Platform Competition

On both sides of the Atlantic, 2021 has seen legislative and regulatory proposals to mandate that various digital services be made interoperable with others. Several bills to do so have been proposed in Congress; the EU’s proposed Digital Markets Act would mandate interoperability in certain contexts for “gatekeeper” platforms; and the UK’s competition regulator will ... Mandatory Interoperability Is Not a ‘Super Tool’ for Platform Competition