Showing results for: “digital markets act”
The Antitrust (and Business) Risk of a Concerted Response to the U.S. News Rankings
I’ve been in a blue funk since last Tuesday, when my home institution, the University of Missouri Law School, fell into the third tier in the U.S. News & World Report annual ranking of law schools. Since the rankings began, Missouri has pretty consistently ranked in the 50s and 60s. Last year, we fell to ... The Antitrust (and Business) Risk of a Concerted Response to the U.S. News Rankings
A few thoughts on the European Commission decision against Google
Regardless of the merits and soundness (or lack thereof) of this week’s European Commission Decision in the Google Shopping case — one cannot assess this until we have the text of the decision — two comments really struck me during the press conference. First, it was said that Google’s conduct had essentially reduced innovation. If ... A few thoughts on the European Commission decision against Google
The (Conventional) 5G Chairman
Chairman Ajit Pai prioritized making new spectrum available for 5G. To his credit, he succeeded. Over the course of four years, Chairman Pai made available more high-band and mid-band spectrum, for licensed use and unlicensed use, than any other Federal Communications Commission chairman. He did so in the face of unprecedented opposition from other federal ... The (Conventional) 5G Chairman
Halliburton and the Paradox of an Efficient Stock Market
I share Alden’s disappointment that the Supreme Court did not overrule Basic v. Levinson in Monday’s Halliburton decision. I’m also surprised by the Court’s ruling. As I explained in this lengthy post, I expected the Court to alter Basic to require Rule 10b-5 plaintiffs to prove that the complained of misrepresentation occasioned a price effect. ... Halliburton and the Paradox of an Efficient Stock Market
How Will the Application of Antitrust Law Change During the Coronavirus Crisis?
[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 Steve Cernak, (Partner, Bona Law).] The antitrust laws have not been suspended during the current COVID-19 crisis. ... How Will the Application of Antitrust Law Change During the Coronavirus Crisis?
The FTC’s Misguided Campaign to Expand Bayh-Dole ‘March-In’ Rights
The Federal Trade Commission (FTC) has now gone on record in comments to the National Institute of Standards and Technology (NIST) that it supports expanded “march-in rights” under the Bayh-Dole Act (Act). But if NIST takes the FTC’s (unexpected, but ultimately unsurprising) contribution seriously, such an expansion could lead to overregulation that would ultimately hurt ... The FTC’s Misguided Campaign to Expand Bayh-Dole ‘March-In’ Rights
Searching for Antitrust Remedies, Part II
In the last post, I discussed possible characterizations of Google’s conduct for purposes of antitrust analysis. A firm grasp of the economic implications of the different conceptualizations of Google’s conduct is a necessary – but not sufficient – precondition for appreciating the inconsistencies underlying the proposed remedies for Google’s alleged competitive harms. In this post, ... Searching for Antitrust Remedies, Part II
Are Loyalty Discounts Really Anticompetitive?
I promised that I would write about why I think that Professor Elhauge’s claim in his new working paper, “Loyalty Discounts and Naked Exclusion,” that he has proven that loyalty discounts generally involve anticompetitive effects is mistaken. Let me begin by saying that this is a very provocative claim from a very serious antitrust analyst ... Are Loyalty Discounts Really Anticompetitive?
Democratic Party “Better Deal” Antitrust Proposals Would be a “Worse Deal” for the American Economy and Consumers
On July 24, as part of their newly-announced “Better Deal” campaign, congressional Democrats released an antitrust proposal (“Better Deal Antitrust Proposal” or BDAP) entitled “Cracking Down on Corporate Monopolies and the Abuse of Economic and Political Power.” Unfortunately, this antitrust tract is really an “Old Deal” screed that rehashes long-discredited ideas about “bigness is badness” ... Democratic Party “Better Deal” Antitrust Proposals Would be a “Worse Deal” for the American Economy and Consumers
Competition for the Field, Sirius/XM and Shelf Space
Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex ante competition, or “competition for the field,” in the form of payments to automobile manufacturers to adopt their services. Geoff thinks the DOJ’s press release contains some funny language appearing ... Competition for the Field, Sirius/XM and Shelf Space
SSRN Top Tens for Corporate, Corporate Governance, and Securities Law
The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.
Obama Throws Gay People Under the Bus (Again).
Please do not miss this, folks. The President of the United States has now ordered his Department of Justice to fight a group of Republicans who secured a court ruling that the “Don’t Ask, Don’t Tell” policy is unconstitutional and are trying to have it enjoined. This from a man who promised during his campaign ... Obama Throws Gay People Under the Bus (Again).
