The Archives

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

Showing results for:  “digital markets act”

The European Commission’s Regrettable June 27 Google Antitrust Decision – and Its Broader Implications

Today I published an article in The Daily Signal bemoaning the European Commission’s June 27 decision to fine Google $2.7 billion for engaging in procompetitive, consumer welfare-enhancing conduct.  The article is reproduced below (internal hyperlinks omitted), in italics: On June 27, the European Commission—Europe’s antitrust enforcer—fined Google over $2.7 billion for a supposed violation of ... The European Commission’s Regrettable June 27 Google Antitrust Decision – and Its Broader Implications

The return of Rudy G

The WSJ has breathlessly reported: Federal authorities, capping a three-year investigation, are preparing insider-trading charges that could ensnare consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts across the nation, according to people familiar with the matter. The criminal and civil probes, which authorities say could eclipse the impact on the financial industry of any ... The return of Rudy G

Is Tenure Overrated Or Are the Alternatives Really That Bad?

Steve Levitt thinks that tenure is overrated. But relative to what? Levitt proposes doing away with tenure because it distorts the incentives of scholars to front load their productivity and then ride off into the sunset after tenure is granted. Surely he is right about this incentive effect. Levitt also makes quick work of the ... Is Tenure Overrated Or Are the Alternatives Really That Bad?

Who Killed Market Definition?

Louis Kaplow’s Why (Ever) Define Markets? in the Harvard Law Review was one of the most provocative papers in the antitrust literature over the past few years.  We’ve discussed it here.  I wrote: Kaplow provocatively argues that the entire “market definition/ market share” paradigm of antitrust is misguided and beyond repair.  Kaplow describes the exclusive ... Who Killed Market Definition?

Cass on Leegin

Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles: The decision was a mistake that has plagued antitrust law and American business ever since. Manufacturers have no interest in suppressing price competition to help increase profits for retailers. A manufacturer with a meaningful ... Cass on Leegin

Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers

In its 2019 AT&T/Time-Warner merger decision the D.C. Circuit Court of Appeals mentioned something that antitrust enforcers have known for years: We need a new set of Agency Guidelines for vertical mergers. The vertical merger Guidelines were last revised in 1984 at the height of Chicago School hostility toward harsh antitrust treatment of vertical restraints. ... Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers

Antitrust at the Agencies Roundup: Kill All the Widgets Edition

Over the river, into the woods, and down into the weeds we go. There’s a whole lot of drama going on at the Federal Trade Commission (FTC), not least because of recent correspondence between the U.S. House Oversight Committee and FTC Chair Lina Khan that might politely—euphemistically, really—be termed “heated.” But I’m not gonna go ... Antitrust at the Agencies Roundup: Kill All the Widgets Edition

An Unsurprising Result

The Irish Competition Authority releases a report offering the stunning finding that “The retail planning system limits competition among grocery retailers and as a result consumers are not getting the best possible choice or value for money.” HT: Danny Sokol. The retail planning system apparently imposes restrictions on retailer size, location, and other dimensions of ... An Unsurprising Result

GM/Ford: An Idea Whose Time Has Come?

When teaching antitrust as I am this fall, a time always comes during the semester when I need to give my students an example of a merger whose implications for competition are so obviously adverse that the antitrust authorities would surely seek an injunction against the merger under Section 7 of the Clayton Act. My ... GM/Ford: An Idea Whose Time Has Come?

FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions

As former antitrust enforcers and alumni of the Federal Trade Commission (FTC), we are pleased to submit these comments to the FTC and U.S. Justice Department’s (DOJ) Antitrust Division (DOJ) in response to your Request for Information on Corporate Consolidation Through Serial Acquisitions and Roll-Up Strategies (RFI). We have devoted significant portions of our careers ... FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions

The Silly Season in Antitrust: The Hermès Case

For six generations, Hermès has epitomized French luxury, making and selling its iconic scarves, belts, jewelry, and, of course, handbags. Some Hermès products, including its Birkin and Kelly bags, are so exclusive that they can’t be bought off the shelf. Customers first have to establish a relationship with the house to purchase these specialty bags. ... The Silly Season in Antitrust: The Hermès Case

Note to Simon Johnson: I do not think antitrust means what you think it means

Simon Johnson is at it again, advocating the use of antitrust to break up the banks because they are, you know, big, and antitrust is about busting up big companies, right? As Josh suggested back in July, the idea is gaining momentum, it seems.  The Financial Times is also pushing the idea.  What’s remarkable about ... Note to Simon Johnson: I do not think antitrust means what you think it means