Showing results for: “digital markets act”
Interesting Section 2 Developments
A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.). First, the Ninth Circuit’s decision in Cascade Health Solutions v. PeaceHealth reversed the district court’s Lepage’s based jury instruction in ... Interesting Section 2 Developments
Why Premium Subsidies and the “Employer Mandate” Won’t Solve the ACA’s Adverse Selection Problem
A couple of weeks ago, I argued that the Supreme Court’s decision upholding the constitutionality of the Affordable Care Act will ultimately doom the Act to failure. The problem, I argued, is that the ACA’s guaranteed issue and community rating provisions create a perverse incentive for young, healthy people not to buy insurance until they ... Why Premium Subsidies and the “Employer Mandate” Won’t Solve the ACA’s Adverse Selection Problem
Gus Hurwitz on A Policy Statement Is Not Enough
Administrative law really is a strange beast. My last post explained this a bit, in the context of Chevron. In this post, I want to make this point in another context, explaining how utterly useless a policy statement can be. Our discussion today has focused on what should go into a policy statement – there ... Gus Hurwitz on A Policy Statement Is Not Enough
Some Thoughts on the Nacchio Decision and Insider Trading
On the flight back from my spring break ski trip, I had a chance to read the recent Tenth Circuit opinion reversing the insider trading conviction of former Qwest CEO, Joseph Nacchio. Mr. Nacchio had been convicted of 19 counts of insider trading, sentenced to six years in prison (plus two years’ supervised release), fined ... Some Thoughts on the Nacchio Decision and Insider Trading
Terry Calvani and Angela Diveley on Injury to Competition and Efficiencies in Section 5 Claims
We welcome Commissioner Wright’s contribution in making the important point that the Commission’s unfair methods of competition (UMC) jurisdiction under Section 5 of the FTCA should be subject to limiting principles. We make two observations about the policy statement and a more general observation about the FTC in light of its upcoming 100th anniversary. The ... Terry Calvani and Angela Diveley on Injury to Competition and Efficiencies in Section 5 Claims
Trade Agreements and Restatements as End Runs Around the Rule of Law
The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s contribution to our daily lives is hard to overstate. Moving forward there is undoubtedly much more that we can and will do with the Internet, and ... Trade Agreements and Restatements as End Runs Around the Rule of Law
The Aftermath of a Type I Error: The Case of Conwood Co. v. United States Tobacco
It looks like California consumers, unlike their counterparts in several other states, will be getting cash instead of coupons in their settlement against U.S. Tobacco in one of the many follow-on actions to Conwood Co. v. United States Tobacco. The settlement looks to be in the range of $96 million with qualifying customers taking home ... The Aftermath of a Type I Error: The Case of Conwood Co. v. United States Tobacco
What's wrong with what Eduardo Penalver thinks is wrong with property rights initiatives
Over at Co-op, guest blogger Eduardo Penalver posts this screed against property rights initiatives like Oregon’s Measure 37 (about which I blogged here) and Washington’s proposed Initiative I-933. To my mind he gets it pretty much completely wrong, so I thought I should weigh in. First, he claims that “by most accounts” Oregon’s Measure 37 ... What's wrong with what Eduardo Penalver thinks is wrong with property rights initiatives
The Missing Element in the Google Case
Through laudable competition on the merits, Google achieved a usage share of nearly 90% in “general search services.” About a decade later, the government alleged that Google had maintained its dominant share through exclusionary practices violating Section 2 of the Sherman Antitrust Act. The case was tried in U.S. District Court in Washington, D.C. last ... The Missing Element in the Google Case
DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
Predicting what antitrust enforcement regimes in the current economic environment is a tricky business. I’ve done my best here. One probably cannot think of a better source for such predictions than those from the soon-to-be AAG Christine Varney, who recently spoke at an American Antitrust Institute panel on Section 2 enforcement (you can hear the ... DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
Fin Reg and Too Big to Fail: A New Kind of Antitrust?
Simon Johnson argues that the conventional antitrust tools of Sherman Act are outdated and ill-equipped to deal with the power of big banks: Why are these antitrust tools not used against today’s megabanks, which have become so powerful that they can sway legislation and regulation massively in their favor, while also receiving generous taxpayer-financed bailouts ... Fin Reg and Too Big to Fail: A New Kind of Antitrust?
Brantley and its Implications for the Proposed Consumer Choice Antitrust Standard
Thom‘s excellent post highlights the Ninth Circuit’s recent decision in Brantley and describes its implications both in terms of rejecting Professor Elhauge’s claim that metering ties and mere surplus extraction amount to competitive harm for the purposes of antitrust and also for the future of the quasi-per se rule of tying. Thom, in my view ... Brantley and its Implications for the Proposed Consumer Choice Antitrust Standard
