Showing results for: “price gouging”
The Woman in the High Office
May 2007, Palo Alto The California sun shone warmly on Eric Schmidt’s face as he stepped out of his car and made his way to have dinner at Madera, a chic Palo Alto restaurant. Dining out was a welcome distraction from the endless succession of strategy meetings with the nitpickers of the law department, which ... The Woman in the High Office
Antitrust Populists Don’t Seem to Care About the Poor
Antitrust populists like Biden White House official Tim Wu and author Matt Stoller decry the political influence of large firms. But instead of advocating for policies that tackle this political influence directly, they seek reforms to antitrust enforcement that aim to limit the economic advantages of these firms, believing that will translate into political enfeeblement. ... Antitrust Populists Don’t Seem to Care About the Poor
The Bitter Fruits of Federal Antitrust ‘Reform’ Legislation
Much ink has been spilled regarding the potential harm to the economy and to the rule of law that could stem from enactment of the primary federal antitrust legislative proposal, the American Innovation and Choice Online Act (AICOA) (see here). AICOA proponents, of course, would beg to differ, emphasizing the purported procompetitive benefits of limiting ... The Bitter Fruits of Federal Antitrust ‘Reform’ Legislation
AICOA Is Neither Urgently Needed Nor Good: A Response to Professors Scott Morton, Salop, and Dinielli
Earlier this month, Professors Fiona Scott Morton, Steve Salop, and David Dinielli penned a letter expressing their “strong support” for the proposed American Innovation and Choice Online Act (AICOA). In the letter, the professors address criticisms of AICOA and urge its approval, despite possible imperfections. “Perhaps this bill could be made better if we lived in ... AICOA Is Neither Urgently Needed Nor Good: A Response to Professors Scott Morton, Salop, and Dinielli
FTC UMC Roundup – It’s Getting Hot in Here
Someone has turned up the heat on Congress. I’m not saying Congress is responsible for the extreme heat being felt in much of the world this week – but I wouldn’t be surprised. With forward movement this week on both the CHIPS Act (with the Senate version partially resuscitating UCITA as well) and ADPPA. It ... FTC UMC Roundup – It’s Getting Hot in Here
The Cracked Mirror of Monopoly-Monopsony Symmetry
Slow wage growth and rising inequality over the past few decades have pushed economists more and more toward the study of monopsony power—particularly firms’ monopsony power over workers. Antitrust policy has taken notice. For example, when the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) initiated the process of updating their merger guidelines, their ... The Cracked Mirror of Monopoly-Monopsony Symmetry
Pushing the Limits? A Primer on FTC Competition Rulemaking
Since its founding in 1914, the Federal Trade Commission (FTC) has held a unique and multifaceted role in the U.S. administrative state and the economy. It possesses powerful investigative and information-gathering powers, including through compulsory processes; a multi-layered administrative-adjudication process to prosecute “unfair methods of competition (UMC)” (and later, “unfair and deceptive acts and practices ... Pushing the Limits? A Primer on FTC Competition Rulemaking
FTC UMC Roundup – OT22 Edition
Fireworks came a bit early this year. Between the Supreme Court’s end-of-term decisions and this week’s January 6th Committee hearings, it wasn’t a week with much antitrust news coming out of either the FTC or Congress. But the Supreme Court’s made sure to keep things exciting: the opinion in West Virginia v. EPA case will ... FTC UMC Roundup – OT22 Edition
AICOA: An Affront to the Rule of Law
The fate of the badly misnamed American Innovation and Choice Online Act, S. 2992 (AICOA), may be decided by the August congressional recess. AICOA’s serious flaws have been ably dissected by numerous commentators (see, for example, here, here, here, and here). Moreover, respected former senior Democratic antitrust enforcers who have advocated more aggressive antitrust enforcement ... AICOA: An Affront to the Rule of Law
FTC UMC Roundup – Trojan Horse Edition
Things are getting spicy in the administrative state. This week we have the first formal indication of new rules coming out of the FTC. We have lobbyists lobbying, and influencers influencing, CEOs loitering, and academics … academicing? We have some review and preview of what’s at stake with administrative law. We’ve got interesting upcoming events. ... FTC UMC Roundup – Trojan Horse Edition
DOJ’s Threatened Reign of Error: Proposed Criminal-Monopolization Prosecutions
The Biden administration’s antitrust reign of error continues apace. The U.S. Justice Department’s (DOJ) Antitrust Division has indicated in recent months that criminal prosecutions may be forthcoming under Section 2 of the Sherman Antitrust Act, but refuses to provide any guidance regarding enforcement criteria. Earlier this month, Deputy Assistant Attorney General Richard Powers stated that ... DOJ’s Threatened Reign of Error: Proposed Criminal-Monopolization Prosecutions
The Competition and Transparency in Digital Advertising Act Is Fatally Flawed
The Competition and Transparency in Digital Advertising Act (CTDAA), introduced May 19 by Sens. Mike Lee (R-Utah), Ted Cruz (R-Texas), Amy Klobuchar (D-Minn.), and Richard Blumenthal (D-Conn.), is the latest manifestation of the congressional desire to “do something” legislatively about big digital platforms. Although different in substance from the other antitrust bills introduced this Congress, ... The Competition and Transparency in Digital Advertising Act Is Fatally Flawed
