Showing results for: “digital markets act”
AMC Releases Tentative Recommendations
The tentative recommendations of the Antitrust Modernization Committee are out, and include Commissioner vote counts for various propositions. The recommendations largely take the form of propositions that the AMC Commissioners joined, did not join, or were undetermined. Here are a few that caught my eye on an initial read-through (note that 2-5 apply to merger ... AMC Releases Tentative Recommendations
Should Antitrust Exempt Joint Monopsony Conduct to Countervail Monopoly?
Geoff and Josh raise an interesting issue about collective market conduct by buyers. Suppose that a group of final consumers face a monopolist. Should the consumers be permitted to band together into an “association” to jointly negotiate a lower price from the monopolist? Some would say that such buyer “cooperatives” are permitted, whereas others would ... Should Antitrust Exempt Joint Monopsony Conduct to Countervail Monopoly?
A Follow Up on the Cato Unbound Conversation on New Paternalism
Two weeks ago I highlighted the promising looking Cato Unbound forum on the new paternalism kicked off by Glen Whitman, with follow up posts and responses from the King (or co-King along with Cass Sunstein) of Nudge, Richard Thaler, along with Jonathan Klick and Shane Frederick. I was really excited about the forum, because I ... A Follow Up on the Cato Unbound Conversation on New Paternalism
Applying harm reduction to smoking
Abstinence approaches work exceedingly well on an individual level but continue to fail when applied to populations. We can see this in several areas: teen pregnancy; continued drug use regardless of severe criminal penalties; and high smoking rates in vulnerable populations, despite targeted efforts to prevent youth and adult uptake. The good news is that ... Applying harm reduction to smoking
Zaring on the ABA Consent Decree
David Zaring, guest blogging at Concurring Opinions, has some thoughts on the sunsetting of the ABA’s consent decree this June. David asked for my thoughts on what this will mean for the market for legal education (also, I am quite flattered that Zaring describes me as a “prominent and businessey professor blogger,” but, I am ... Zaring on the ABA Consent Decree
Will the FTC Sue Apple?
I don’t know. But apparently, industry analysts preliminarily think not. I tend to disagree. At least, I think its far too early to be confident in either direction. Press reports, such as this one, are primarily relying on the report of an analyst who correctly points out that Apple’s market share would be an ... Will the FTC Sue Apple?
Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
Although it probably flew under almost everyone’s radar, last week Josh issued his first Concurring Statement as an FTC Commissioner. The statement came in response to a seemingly arcane Notice of Proposed Rulemaking relating to Hart-Scott-Rodino Premerger Notification Rules: The proposed rules also establish a procedure for the automatic withdrawal of an HSR filing when ... Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
Antitrust Exemption Time Machine
I’ve been struck of late by the level of activity surrounding antitrust exemptions: health care, insurance, beer and wine wholesalers, retail merchants for the purpose of negotiate interchange fees, newspapers, agricultural cooperatives, and sports leagues. Throw in the high-stakes games being played between rivals to influence the decision-making processes of competition agencies in the US ... Antitrust Exemption Time Machine
Making Sure New Medicines Are Safe, Effective, and Approved Quickly: A Theoretical Approach
This is the first in what will be a series of posts discussing how new medicines are introduced and regulated in the United States, and how the status quo could be improved. As will be established over the course of the series, the current system is slow and leads to poor outcomes for patients. Why ... Making Sure New Medicines Are Safe, Effective, and Approved Quickly: A Theoretical Approach
Global Antitrust Institute Points the Way Toward Sounder Japanese Antitrust Guidelines
The indefatigable (and highly talented) scriveners at the Scalia Law School’s Global Antitrust Institute (GAI) once again have offered a trenchant law and economics assessment that, if followed, would greatly improve a foreign jurisdiction’s competition law guidance. This latest assessment, which is compelling and highly persuasive, is embodied in a May 4 GAI Commentary on ... Global Antitrust Institute Points the Way Toward Sounder Japanese Antitrust Guidelines
Biden’s Data Flows Order: Does It Comport with EU Law?
European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.S. agencies’ surveillance practices. Awaited since March, when U.S. and EU officials reached an agreement in principle on a new framework, the order is intended to replace an earlier ... Biden’s Data Flows Order: Does It Comport with EU Law?
Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
In a California Bar Journal, Professor Chemerinsky documents what he describes as the Supreme Court’s “sharp turn to the right.” Ted Frank describes Chemerinsky’s review of the term as “not especially honest” and discusses a few cases there. So what does Chemerinsky make of the recent antitrust decisions? Your hint is that the section is titled: ... Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
