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Ongoing Blog Series: The Law, Economics, and Policy of the COVID-19 Pandemic

The following is the first in a new blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available at https://laweconcenter.wpengine.com/symposia/the-law-economics-of-the-covid-19-pandemic/.

“You don’t get to be the umpire and have a team”: should we regulate the activities of digital platforms in neighboring markets?

This guest post is by Patrick Todd, an England-qualified solicitor and author on competition law/policy in digital markets. The above quote is not about Democrat-nominee hopeful Elizabeth Warren’s policy views on sport. It is in fact an analogy to her proposal of splitting Google, Amazon, Facebook and Apple (“GAFA”) apart from their respective ancillary lines ... “You don’t get to be the umpire and have a team”: should we regulate the activities of digital platforms in neighboring markets?

The FTC Still Has a Long Way to Go on its “Common Law” of Data Security

Since the LabMD decision, in which the Eleventh Circuit Court of Appeals told the FTC that its orders were unconstitutionally vague, the FTC has been put on notice that it needs to reconsider how it develops and substantiates its claims in data security enforcement actions brought under Section 5.  Thus, on January 6, the FTC ... The FTC Still Has a Long Way to Go on its “Common Law” of Data Security

What Can the Stock Market Tell Us About the T-Mobile/Sprint Merger?

On Monday evening, around 6:00 PM Eastern Standard Time, news leaked that the United States District Court for the Southern District of New York had decided to allow the T-Mobile/Sprint merger to go through, giving the companies a victory over a group of state attorneys general trying to block the deal. Thomas Philippon, a professor ... What Can the Stock Market Tell Us About the T-Mobile/Sprint Merger?

Making Sense of the Google Android Decision (part 4): The Commission’s Economic Analysis

This is the fourth, and last, 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, and the third here). It draws on research from a soon-to-be published ICLE white paper. The previous parts of this series have mostly ... Making Sense of the Google Android Decision (part 4): The Commission’s Economic Analysis

Symposium Wrap Up: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway?

Last Thursday and Friday, Truth on the Market hosted a symposium analyzing the Draft Vertical Merger Guidelines from the FTC and DOJ. The relatively short draft guidelines provided ample opportunity for discussion, as evidenced by the stellar roster of authors thoughtfully weighing in on the topic.  We want to thank all of the participants for their ... Symposium Wrap Up: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway?

Manne & Stout 2: Against Incorporating a Contract/Merger Equivalency Assumption in Vertical Merger Guidelines

In our first post, we discussed the weaknesses of an important theoretical underpinning of efforts to expand vertical merger enforcement (including, possibly, the proposed guidelines): the contract/merger equivalency assumption. In this post we discuss the implications of that assumption and some of the errors it leads to — including some incorporated into the proposed guidelines. ... Manne & Stout 2: Against Incorporating a Contract/Merger Equivalency Assumption in Vertical Merger Guidelines

Manne & Stout 1: The Illogic of a Contract/Merger Equivalency Assumption in the Assessment of Vertical Mergers

[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Geoffrey A. Manne (President & Founder, ICLE; Distinguished Fellow, Northwestern University Center on Law, Business, and Economics ); and Kristian Stout (Associate Director, ... Manne & Stout 1: The Illogic of a Contract/Merger Equivalency Assumption in the Assessment of Vertical Mergers

Brennan: Guidance on Enforcement Against “Pure” Vertical Mergers: It’s Complicated

[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Timothy J. Brennan (Professor, Public Policy and Economics, University of Maryland; former Chief Economist, FCC; former economist, DOJ Antitrust Division).]  The DOJ Antitrust ... Brennan: Guidance on Enforcement Against “Pure” Vertical Mergers: It’s Complicated

Welcome to the TOTM Blog Symposium on the 2020 Draft Joint Vertical Merger Guidelines

The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020 Welcome! We’re delighted to kick off our two-day blog symposium on the recently released Draft Joint Vertical Merger Guidelines from the DOJ Antitrust Division and the Federal Trade Commission.  If adopted by ... Welcome to the TOTM Blog Symposium on the 2020 Draft Joint Vertical Merger Guidelines

Ghosts of Antitrust Past: Part 4 (Microsoft)

The DOJ and 20 state AGs sued Microsoft on May 18, 1998 for unlawful maintenance of its monopoly position in the PC market. The government accused the desktop giant of tying its operating system (Windows) and its web browser (Internet Explorer). Microsoft had indeed become dominant in the PC market by the late 1980s: But ... Ghosts of Antitrust Past: Part 4 (Microsoft)

Announcing the TOTM Symposium on the 2020 Draft Joint Vertical Merger Guidelines

Truth on the Market is pleased to announce its next blog symposium: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020 Symposium background On January 10, 2020, the DOJ Antitrust Division and the Federal Trade Commission released Draft Joint Vertical Merger ... Announcing the TOTM Symposium on the 2020 Draft Joint Vertical Merger Guidelines