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Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences.  A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power

A Washington Post editorial last week reached the surprising conclusion that a series of vertical and horizontal acquisitions that led to a firm owning about 40% of the gas stations in the District of Columbia was procompetitive.  The editorial apparently concluded that the vertical integration efficiencies were more important than the adverse horizontal effects.  The ... WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power

This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight, Eminently Assailable

[N]ew combinations are, as a rule, embodied, as it were, in new firms which generally do not arise out of the old ones but start producing beside them; … in general it is not the owner of stagecoaches who builds railways. – Joseph Schumpeter, January 1934 Elizabeth Warren wants to break up the tech giants ... This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight, Eminently Assailable

Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration

On January 26 the Heritage Foundation hosted a one-day conference on “Antitrust Policy for a New Administration.”  Featured speakers included three former heads of the U.S. Department of Justice’s Antitrust Division (DOJ) (D.C. Circuit Senior Judge Douglas Ginsburg, James Rill, and Thomas Barnett) and a former Chairman of the U.S. Federal Trade Commission (FTC) (keynote ... Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration

Boom, bust, and collusion: Does it really matter?

A recent working paper by Hashmat Khan and Matthew Strathearn attempts to empirically link anticompetitive collusion to the boom and bust cycles of the economy. The level of collusion is higher during a boom relative to a recession as collusion occurs more frequently when demand is increasing (entering into a collusive arrangement is more profitable ... Boom, bust, and collusion: Does it really matter?

Amazon and Whole Foods, Historically Considered

Viewed from the long history of the evolution of the grocery store, the Amazon-Whole Foods merger made sense as the start of the next stage of that historical process. The combination of increased wealth that is driving the demand for upscale grocery stores, and the corresponding increase in the value of people’s time that is driving the demand for one-stop shopping and various forms of pick-up and delivery, makes clear the potential benefits of this merger. Amazon was already beginning to make a mark in the sale and delivery of the non-perishables and dry goods that upscale groceries tend to have less of. Acquiring Whole Foods gives it a way to expand that into perishables in a very sensible way. We are only beginning to see the synergies that this combination will produce. Its long-term effect on the structure of the grocery business will be significant and highly beneficial for consumers.

What To Make of MHHI? A policy problem

At the heart of the common ownership issue in the current antitrust debate is an empirical measure, the Modified Herfindahl-Hirschmann Index, researchers have used to correlate patterns of common ownership with measures of firm behavior and performance. In an accompanying post, Thom Lambert provides a great summary of just what the MHHI, and more specifically ... What To Make of MHHI? A policy problem

Pai’s Right on Net Neutrality and Title II

As I explain in my new book, How to Regulate, sound regulation requires thinking like a doctor.  When addressing some “disease” that reduces social welfare, policymakers should catalog the available “remedies” for the problem, consider the implementation difficulties and “side effects” of each, and select the remedy that offers the greatest net benefit. If we ... Pai’s Right on Net Neutrality and Title II

The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition

In a recent post at the (appallingly misnamed) ProMarket blog (the blog of the Stigler Center at the University of Chicago Booth School of Business — George Stigler is rolling in his grave…), Marshall Steinbaum keeps alive the hipster-antitrust assertion that lax antitrust enforcement — this time in the labor market — is to blame ... The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition

Antitrust review of ag-biotech mergers: Appropriability versus cannibalization

This symposium offers a good opportunity to look again into the complex relation between concentration and innovation in antitrust policy. Whilst the details of the EC decision in Dow/Dupont remain unknown, the press release suggests that the issue of “incentives to innovate” was central to the review. Contrary to what had leaked in the antitrust ... Antitrust review of ag-biotech mergers: Appropriability versus cannibalization

Unleashing Prosperity through Smarter Financial Regulation

On February 28, the Heritage Foundation issued a volume of essays by leading scholars on the law and economics of financial services regulatory reform entitled Prosperity Unleashed:  Smarter Financial Regulation.  This Report, which is well worth a read (in particular, by incoming Trump Administration officials and Members of Congress), is available online. The Report’s 23 ... Unleashing Prosperity through Smarter Financial Regulation

MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care

The FCC’s blind, headlong drive to “unlock” the set-top box market is disconnected from both legal and market realities. Legally speaking, and as we’ve noted on this blog many times over the past few months (see here, here and here), the set-top box proposal is nothing short of an assault on contracts, property rights, and ... MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care