Showing results for: “premium natural and organic”
Broadband Deployment, Pole Attachments, & the Competition Economics of Rural-Electric Co-ops
In our recent issue brief, Geoffrey Manne, Kristian Stout, and I considered the antitrust economics of state-owned enterprises—specifically the local power companies (LPCs) that are government-owned under the authority of the Tennessee Valley Authority (TVA). While we noted that electricity cooperatives (co-ops) do not receive antitrust immunities and could therefore be subject to antitrust enforcement, we ... Broadband Deployment, Pole Attachments, & the Competition Economics of Rural-Electric Co-ops
Does ‘Open Finance’ Promote Competition or Facilitate Free Riding?
Financial technology, or so-called “fintech,” is disrupting the financial sector, and that’s a good thing. Fintech services are making finance more digital and more user-friendly. This, in turn, has led to reduced transactions costs and increased levels of competition, innovation, and financial inclusion. Alas, the emergence of fintech has also been accompanied by a rising ... Does ‘Open Finance’ Promote Competition or Facilitate Free Riding?
The New Merger Guideline Commandments: Thirteen is an Unlucky Number
Introduction On July 19, the Department of Justice (DOJ) and Federal Trade Commission (FTC) (the agencies) finally issued new draft Merger Guidelines (DMG), open to public comments for two months. The DMG embody a set of thirteen individual Guidelines, which “are not exhaustive of the ways that a merger may substantially lessen competition or tend ... The New Merger Guideline Commandments: Thirteen is an Unlucky Number
What Is a Barrier to Entry?
Why do monopolies exist? Many textbooks point to barriers to entry as a cause of monopolies. Tyler Cowen and Alex Tabarrok’s textbook says: “In addition to patents, government regulation and economies of scale, monopolies may be created whenever there is a significant barrier to entry, something that raises the cost to new firms of entering the industry.” ... What Is a Barrier to Entry?
The CJEU’s Decision in Meta’s Competition Case: Sensitive Data and Privacy Enforcement by Competition Authorities (Part 2)
Yesterday, I delved into the recent judgment in the Meta case (Case C-252/21) from the Court of Justice of the European Union (CJEU). I gave a preliminary analysis of the court’s view on some of the complexities surrounding the processing of personal data for personalized advertising under the GDPR, focusing on three lawful bases for ... The CJEU’s Decision in Meta’s Competition Case: Sensitive Data and Privacy Enforcement by Competition Authorities (Part 2)
FTC v Amgen: The Economics of Bundled Discounts, Part Two
The Federal Trade Commission (FTC) recently announced that it would sue to block Amgen’s proposed $27.8 billion acquisition of Horizon Therapeutics. The challenge represents a landmark in the history of pharmaceutical-industry antitrust enforcement, as the industry has largely been given license to engage in permissive mergers and acquisitions of smaller companies without challenge. In Part One, ... FTC v Amgen: The Economics of Bundled Discounts, Part Two
Antitrust Regulators Should Be Careful Not to Shank the PGA-LIV Deal
In a world in which so-called “Big Tech” has dominated antitrust discussions for a decade or more, who would’ve guessed that golf would grab the biggest headlines? The proposed merger of the PGA Tour and LIV Golf has some major headline-grabbing potential: sports, big money, big names, 9/11, human-rights abuses, and cringeworthy public-relations attempts. Aside ... Antitrust Regulators Should Be Careful Not to Shank the PGA-LIV Deal
FTC v Amgen: The Economics of Bundled Discounts, Part One
The Federal Trade Commission (FTC) recently announced that it would seek to block Amgen’s proposed $27.8 billion acquisition of Horizon Therapeutics. The move was the culmination of several years’ worth of increased scrutiny from both Congress and the FTC into antitrust issues in the biopharmaceutical industry. While the FTC’s move didn’t elicit much public comment, ... FTC v Amgen: The Economics of Bundled Discounts, Part One
Whatcha Gonna Do When the Well Runs Dry?
As the U.S. House Energy and Commerce Subcommittee on Oversight and Investigations convenes this morning for a hearing on overseeing federal funds for broadband deployment, it bears mention that one of the largest U.S. broadband-subsidy programs is actually likely run out of money within the next year. Writing in Forbes, Roslyn Layton observes of the Affordable Connectivity Program ... Whatcha Gonna Do When the Well Runs Dry?
Artificial Intelligence Meets Organic Folly
In a May 3 op-ed in The New York Times, Federal Trade Commission (FTC) Chair Lina Khan declares that “We Must Regulate A.I. Here’s How.” I’m concerned after reading it that I missed both the regulatory issue and the “here’s how” part, although she does tell us that “enforcers and regulators must be vigilant.” Indeed, ... Artificial Intelligence Meets Organic Folly
What the European Commission’s More Interventionist Approach to Exclusionary Abuses Could Mean for EU Courts and for U.S. States
The European Commission on March 27 showered the public with a series of documents heralding a new, more interventionist approach to enforce Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits “abuses of dominance.” This new approach threatens more aggressive, less economically sound enforcement of single-firm conduct in Europe. ... What the European Commission’s More Interventionist Approach to Exclusionary Abuses Could Mean for EU Courts and for U.S. States
Reining in Digital Competition to No Good End: Will AICOA and OAMA Rise from the Grave?
The 117th Congress closed out without a floor vote on either of the major pieces of antitrust legislation introduced in both chambers: the American Innovation and Choice Online Act (AICOA) and the Open Apps Market Act (OAMA). But it was evident at yesterday’s hearing of the Senate Judiciary Committee’s antitrust subcommittee that at least some ... Reining in Digital Competition to No Good End: Will AICOA and OAMA Rise from the Grave?
