Showing results for: “digital markets act”
Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
Just before Christmas, the European Commission published a draft implementing regulation (DIR) of the Digital Markets Act (DMA), establishing procedural rules that, in the Commission’s own words, seek to bolster “legal certainty,” “due process,” and “effectiveness” under the DMA. The rights of defense laid down in the draft are, alas, anemic. In the long run, ... Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
DMA Update: It’s Still a Privacy Danger
The European Union’s Digital Markets Act (DMA) has been finalized in principle, although some legislative details are still being negotiated. Alas, our earlier worries about user privacy still have not been addressed adequately. The key rules to examine are the DMA’s interoperability mandates. The most recent DMA text introduced a potentially very risky new kind ... DMA Update: It’s Still a Privacy Danger
The EU’s Google Android antitrust decision falls prey to the nirvana fallacy
Today the European Commission launched its latest salvo against Google, issuing a decision in its three-year antitrust investigation into the company’s agreements for distribution of the Android mobile operating system. The massive fine levied by the Commission will dominate the headlines, but the underlying legal theory and proposed remedies are just as notable — and ... The EU’s Google Android antitrust decision falls prey to the nirvana fallacy
Four Reasons to Reject Neo-Brandeisian Critiques of the Consumer Welfare Approach to Antitrust
In the battle of ideas, it is quite useful to be able to brandish clear and concise debating points in support of a proposition, backed by solid analysis. Toward that end, in a recent primer about antitrust law published by the Mercatus Center, I advance four reasons to reject neo-Brandeisian critiques of the consensus (at ... Four Reasons to Reject Neo-Brandeisian Critiques of the Consumer Welfare Approach to Antitrust
Thoughts on the Economics of Lawyer Licensing
Larry Ribstein and Jonathan Wilson have an interesting exchange going regarding the merits of lawyer licensing. Larry actually has several posts on the subject (see, e.g., here, here, and a paper here). WSJ Law Blog has picked up the exchange, and offers a poll which asks the question: “Is Lawyer Licensing Necessary?” (Perhaps unsurprisingly for ... Thoughts on the Economics of Lawyer Licensing
Financial reform and foreign stocks
The WSJ reported on Tuesday that moves by Daimler and other European, especially German, companies to shed their U.S. listings indicate that many of these firms “have come to view [a U.S. listing] as a liability.” The exodus will leave just four major German companies with U.S. listings. The WSJ notes that the costs have ... Financial reform and foreign stocks
Uber/Grubhub: Pandemic Profiteering, Merger Moratoriums, and Rising Concentration … Or Not
Earlier this week, merger talks between Uber and food delivery service Grubhub surfaced. House Antitrust Subcommittee Chairman David N. Cicilline quickly reacted to the news: Americans are struggling to put food on the table, and locally owned businesses are doing everything possible to keep serving people in our communities, even under great duress. Uber is ... Uber/Grubhub: Pandemic Profiteering, Merger Moratoriums, and Rising Concentration … Or Not
The market realities that undermine the antitrust case against Google
As the Google antitrust discussion heats up on its way toward some culmination at the FTC, I thought it would be helpful to address some of the major issues raised in the case by taking a look at what’s going on in the market(s) in which Google operates. To this end, I have penned a ... The market realities that undermine the antitrust case against Google
Pai’s Right on Net Neutrality and Title II
As I explain in my new book, How to Regulate, sound regulation requires thinking like a doctor. When addressing some “disease” that reduces social welfare, policymakers should catalog the available “remedies” for the problem, consider the implementation difficulties and “side effects” of each, and select the remedy that offers the greatest net benefit. If we ... Pai’s Right on Net Neutrality and Title II
Mandated “fair use” language has no place in trade promotion authority
Earlier this week Senators Orrin Hatch and Ron Wyden and Representative Paul Ryan introduced bipartisan, bicameral legislation, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (otherwise known as Trade Promotion Authority or “fast track” negotiating authority). The bill would enable the Administration to negotiate free trade agreements subject to appropriate Congressional review. Nothing ... Mandated “fair use” language has no place in trade promotion authority
FTC Biweekly UMC Roundup – Refugee from the FTC Edition
Faithful and even occasional readers of this roundup might have noticed a certain temporal discontinuity between the last post and this one. The inimitable Gus Hurwitz has passed the scrivener’s pen to me, a recent refugee from the Federal Trade Commission (FTC), and the roundup is back in business. Any errors going forward are mine. ... FTC Biweekly UMC Roundup – Refugee from the FTC Edition
Spicy Documents Serve up a Paltry Antitrust Meal
There is always a temptation for antitrust agencies and plaintiffs to center a case around so-called “hot” documents — typically company documents with a snippet or sound-bites extracted, some times out of context. Some practitioners argue that “[h]ot document can be crucial to the outcome of any antitrust matter.” Although “hot” documents can help catch ... Spicy Documents Serve up a Paltry Antitrust Meal
