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Are All Mergers Inherently Anticompetitive?

A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in the real world: firms start competing on price, one firm loses out, that firm agrees to sell itself to the other firm and, finally, prices are jacked up.(Warning: Keep the ... Are All Mergers Inherently Anticompetitive?

Senator Warner’s retrogressive proposals could lead to arbitrary and capricious interventions that would harm entrepreneurs and consumers

Last week, I objected to Senator Warner relying on the flawed AOL/Time Warner merger conditions as a template for tech regulatory policy, but there is a much deeper problem contained in his proposals.  Although he does not explicitly say “big is bad” when discussing competition issues, the thrust of much of what he recommends would ... Senator Warner’s retrogressive proposals could lead to arbitrary and capricious interventions that would harm entrepreneurs and consumers

Can Experts Structure Markets? Don’t Count On It.

Complexity need not follow size. A star is huge but mostly homogenous. “It’s core is so hot,” explains Martin Rees, “that no chemicals can exist (complex molecules get torn apart); it is basically an amorphous gas of atomic nuclei and electrons.” Nor does complexity always arise from remoteness of space or time. Celestial gyrations can be ... Can Experts Structure Markets? Don’t Count On It.

Andrew Gavil on Revising the Merger Guidelines

1.  Do the Merger Guidelines Need Revision? Yes.  Conceptually, the current Guidelines incorporate multiple strands of intellectual and legal history with respect to merger analysis that have been layered one upon the other over time, but never effectively integrated.  This now encumbers the application of the Guidelines and may be inhibiting the government’s capacity to ... Andrew Gavil on Revising the Merger Guidelines

Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

Behavioral law and economics has arisen to international prominence; between Cass Sunstein’s appointment to head the Office of Information and Regulatory Affairs the United Kingdom’s appointment of a “nudge” bureau, behavioralism has enjoyed a meteoric impact on policymakers.  Thus far, behavioral economists have almost exclusively focused on the myriad foibles or purported cognitive errors which ... Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

How should an economist interpret the fact that Microsoft appears to be “behind” recent enforcement actions against Google in the United States and, especially, in Europe? “With skepticism!”  Is the answer I suspect many readers will offer upon first glance.  There is a long public choice literature, and long history in antitrust itself, that suggests ... The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

More on Elizabeth Warren on Theory and Interpreting Data

With all the talk about the CFPB, Elizabeth Warren has been in the news lately.  The blogs too.  Most of the discussion has been about whether or not Timothy Geithner is a friend or foe to the Democrats’ preferred option of getting Warren nominated as the first chief of the CFPB.  Today, Megan McArdle started ... More on Elizabeth Warren on Theory and Interpreting Data

Price Discrimination in Education

Tom Smith offers an entertaining and insightful perspective on the economics of higher education: Without passing moral judgment in any way, I will just observe it is astonishing that higher education in this country has managed to get established a system where consumers have to disclose in detail how much money they have before they ... Price Discrimination in Education

The Proposed Merger Guidelines: How Much of a Shift?

The proposed Horizontal Merger Guidelines (HMGs) have been treated by some as a major shift in enforcement approach away from a tight structure that begins with market definition to a more flexible and open-ended competitive effects approach.  Some of the specific concerns that have been raised are that the proposed HMGs dramatically change enforcement policy ... The Proposed Merger Guidelines: How Much of a Shift?

Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"

Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical.   Thom intervened to suggest that we at TOTM, while fairly critical of the agencies from time to time, also give credit where it is due — highlighting AAG Varney’s RPM article.  OK, that’s enough credit for now. ... Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"

Russian Retail Trade Law and Government Barriers to Entry

A new Russian retail trade law is scheduled to (at least partially) go into effect on February 1st.  The new retail trade law, with the support of the national antitrust authority and Prime Minister Putin amongst others, has three essential features: (1) limiting the operation of chains to no more than 25 percent of total ... Russian Retail Trade Law and Government Barriers to Entry

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