Showing results for: “digital markets act”
Application of the Proper ‘Outer Boundary’ of Antitrust Liability for Alleged Refusals to Deal in New York v Facebook
Introduction The States brought an antitrust complaint against Facebook alleging that various conduct violated Section 2 of the Sherman Act. The ICLE brief addresses the States’ allegations that Facebook refused to provide access to an input, a set of application-programming interfaces that developers use in order to access Facebook’s network of social-media users (Facebook’s Platform), ... Application of the Proper ‘Outer Boundary’ of Antitrust Liability for Alleged Refusals to Deal in New York v Facebook
Henry Manne on Behavioral Overreach
Henry G. Manne is Dean Emeritus at George Mason University School of Law Behavioral Economics, like so many efforts previously to upend the hegemony of the neo-classical market model, will leave some footprints on the intellectual sands of time. However, there is no way that it can accomplish what many of its disciples seem, subliminally ... Henry Manne on Behavioral Overreach
The FTC UMC Roundup – Welcome to June Edition
Welcome to the FTC UMC Roundup for June 3, 2023–Memorial Day week. The holiday meant we had a short week, but we still have plenty of news to share. It also means we’re now in meteorological summer, a reminder that the sands of legislative time run quickly through the hourglass. So it’s perhaps unsurprising that ... The FTC UMC Roundup – Welcome to June Edition
The Guidelines Should Be Revised to Reject the PNB Structural Presumption
Yes, the Merger Guidelines should be revised. The Guidelines primary purpose is to “articulate the analytical framework the Agency applies in determining whether a merger is likely substantially to lessen competition.” While the Guidelines have been very successful in articulating a useful economic framework for analyzing mergers, their performance in terms of satisfying that goal ... The Guidelines Should Be Revised to Reject the PNB Structural Presumption
The seeds of an antitrust disaster
If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of the biggest antitrust stories of the coming year: The set of antitrust accusations and actions against Monsanto for its alleged anticompetitive conduct in the biotech seed market. The AP reports: ... The seeds of an antitrust disaster
Why Spitzer's Payola Attacks Will Harm Consumers
WSJ Law Blog and the WSJ report that Universal Music has now settled with the NY AG’s office for $12 million as a result of Spitzer’s continued attack on what he describes as “corrupt practices” in the music industry. (HT: Bill) The settlement also requires Universal, like Sony BMG and EMG before it, to cease ... Why Spitzer's Payola Attacks Will Harm Consumers
Debating the FTC v Qualcomm Amicus Brief, a Summary
Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it purportedly refuses to sell chips to OEMs that have not concluded a license agreement covering its underlying intellectual property. According to the FTC and ... Debating the FTC v Qualcomm Amicus Brief, a Summary
COVID-19 Exposes the Shallowness of Our Privacy Theories
The importance of testing and contact tracing to slow the spread of the novel coronavirus and resume normal life is now well established. The difference between the communities that do it and the ones that don’t is disturbingly grim (see, e.g., South Korea versus Italy). In a large population like the U.S., contact tracing and ... COVID-19 Exposes the Shallowness of Our Privacy Theories
The case against the section 5 case against Intel, redux (cross-posted)
As Josh noted in cross-posting his comment on Section 5 and Intel, Antitrust & Competition Policy Blog is hosting a symposium on the role of FTC Act Section 5 in light of Intel. Josh’s contribution at AC&P is available here, along with the other symposium participants. I, too, have contributed a post, likewise cross-posted here. ... The case against the section 5 case against Intel, redux (cross-posted)
FTC Settlement Finalized
The FTC settlement with Intel has been finalized with one change the Commission’s press release describes as follows: After considering public comments, the FTC modified the proposed order to allow Intel to manufacture and sell a chip that it had in development before the proposed order was negotiated, but that would violate that order because ... FTC Settlement Finalized
DeLong on Henderson III
On October 3 I wrote: The DeLong point I want to focus on is his last: “I genuinely do not understand why Henderson has his job.” By which he means Todd’s law professor job. DeLong’s sole reported basis for this is a post, not by Todd, but by my co-blogger Jay Verret, who refers to a ... DeLong on Henderson III
A Vision of a Class-Free Society – California Suit Against Uber Makes Little Sense
Uber is currently facing a set of plaintiffs who are seeking class certification in the Northern District of California (O’Connor, et. al v. Uber, #CV 13-3826-EMC) on two distinct grounds. First, the plaintiffs allege that Uber systematically deprived them of tips from riders by virtue of how the service is presented to end-users and how ... A Vision of a Class-Free Society – California Suit Against Uber Makes Little Sense
