The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “european commission sep”

The FTC Tacks Into the Gale, Battening No Hatches: Part 2

Part 1 of this piece can be found here. Emergence of the ‘Neo-Brandeisians’ Thus, matters unfolded until the curtain began to descend on the second Obama term in 2016. In the midst of presidential primary season, a targeted political challenge to the prevailing economic approach to antitrust first came to light. No one has yet ... The FTC Tacks Into the Gale, Battening No Hatches: Part 2

Lina Khan’s Christmas Wish Is To Have Margrethe Vestager’s Powers

Federal Trade Commission (FTC) Chair Lina Khan has just sent her holiday wishlist to Santa Claus. It comes in the form of a policy statement on unfair methods of competition (UMC) that the FTC approved last week by a 3-1 vote. If there’s anything to be gleaned from the document, it’s that Khan and the ... Lina Khan’s Christmas Wish Is To Have Margrethe Vestager’s Powers

Making Sense of the Google Android Decision (part 3): Where is the Harm?

This is the third in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here, and the second here). It draws on research from a soon-to-be published ICLE white paper. (Comparison of Google and Apple’s smartphone business models. Red $ symbols represent money invested; ... Making Sense of the Google Android Decision (part 3): Where is the Harm?

Making Sense of the Google Android Decision (part 2): Ignoring Google’s Competitors

This is the second in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here). It draws on research from a soon-to-be published ICLE white paper. (Left, Android 10 Website; Right, iOS 13 Website) In a previous post, I argued that the Commission failed ... Making Sense of the Google Android Decision (part 2): Ignoring Google’s Competitors

The Legacy of Joshua Wright

When a presidential appointee leaves office, it is quite common to consider the person’s legacy to their department or agency. We are delighted to participate in this symposium and to reflect on the contributions of our friend, Commissioner Joshua Wright, to the Federal Trade Commission. To be sure, Commissioner Wright’s time at the FTC has ... The Legacy of Joshua Wright

FTC UMC Roundup – Well That Happened Edition

I thought this was going to be a slow week. The Senate is in recess and, with so much recent attention focused on the Senate and AICOA – and the FTC’s had only just started things with the Meta/Within suit – it seemed this would be a slow week. We actually considered taking a recess ... FTC UMC Roundup – Well That Happened Edition

Will the European Commission’s Google Android Decision Benefit Consumers?

By Pinar Akman, Professor of Law, University of Leeds* The European Commission’s decision in Google Android cuts a fine line between punishing a company for its success and punishing a company for falling afoul of the rules of the game. Which side of the line it actually falls on cannot be fully understood until the ... Will the European Commission’s Google Android Decision Benefit Consumers?

Antitrust Policy and National Security Interests

U.S. antitrust policy seeks to promote vigorous marketplace competition in order to enhance consumer welfare. For more than four decades, mainstream antitrust enforcers have taken their cue from the U.S. Supreme Court’s statement in Reiter v. Sonotone (1979) that antitrust is “a consumer welfare prescription.” Recent suggestions (see here and here) by new Biden administration ... Antitrust Policy and National Security Interests

The Case Against the Section 5 Case Against Intel (Cross-Posted)

Antitrust & Competition Policy Blog is hosting a symposium on The Role of FTC Act Section 5 in Light of Intel.  Today’s contributions include Dan Crane (Michigan), Keith Hylton (BU), Bob Lande (Baltimore) and me.   Up tomorrow will be TOTM’s Geoff Manne, Sean Heather (US Chamber), and Herbert Hovenkamp (Iowa).  My contribution is available here, ... The Case Against the Section 5 Case Against Intel (Cross-Posted)

The European Commission’s Regrettable June 27 Google Antitrust Decision – and Its Broader Implications

Today I published an article in The Daily Signal bemoaning the European Commission’s June 27 decision to fine Google $2.7 billion for engaging in procompetitive, consumer welfare-enhancing conduct.  The article is reproduced below (internal hyperlinks omitted), in italics: On June 27, the European Commission—Europe’s antitrust enforcer—fined Google over $2.7 billion for a supposed violation of ... The European Commission’s Regrettable June 27 Google Antitrust Decision – and Its Broader Implications

Commissioner Wright Rightly Calls the Question on Section 5 Guidance

Anybody who has spent much time with children knows how squishy a concept “unfairness” can be.  One can hear the exchange, “He’s not being fair!” “No, she’s not!,” only so many times before coming to understand that unfairness is largely in the eye of the beholder. Perhaps it’s unfortunate, then, that Congress chose a century ... Commissioner Wright Rightly Calls the Question on Section 5 Guidance

Goodbye Margrethe, Hello Didier: What Next for European Competition Law?

European Commissioner for Competition Margrethe Vestager announced Sept. 5 that she was leaving her position after nearly a decade in charge, which for the last four years has also included holding the title of “executive vice president of the European Commission for a Europe fit for the Digital Age.” Her departure caps off an uncharacteristically ... Goodbye Margrethe, Hello Didier: What Next for European Competition Law?