The Archives

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

Showing results for:  “Google shopping manne”

Is European Competition Law Protectionist? Unpacking the Commission’s Unflattering Track Record

Last month, the European Commission slapped another fine upon Google for infringing European competition rules (€1.49 billion this time). This brings Google’s contribution to the EU budget to a dizzying total of €8.25 billion (to put this into perspective, the total EU budget for 2019 is €165.8 billion). Given this massive number, and the geographic ... Is European Competition Law Protectionist? Unpacking the Commission’s Unflattering Track Record

Amazon is not essential

(The following is adapted from a recent ICLE Issue Brief on the flawed essential facilities arguments undergirding the EU competition investigations into Amazon’s marketplace that I wrote with Geoffrey Manne.  The full brief is available here. ) Amazon has largely avoided the crosshairs of antitrust enforcers to date. The reasons seem obvious: in the US ... Amazon is not essential

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

Elizabeth Warren wants to turn the internet into a literal sewer (service)

Near the end of her new proposal to break up Facebook, Google, Amazon, and Apple, Senator Warren asks, “So what would the Internet look like after all these reforms?” It’s a good question, because, as she herself notes, “Twenty-five years ago, Facebook, Google, and Amazon didn’t exist. Now they are among the most valuable and ... Elizabeth Warren wants to turn the internet into a literal sewer (service)

Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law

The German Bundeskartellamt's Facebook decision is unsound from either a competition or privacy policy perspective, and will only make the fraught privacy/antitrust relationship worse.

The Australian approach to “consumer protection” policy is a threat to consumer welfare and free speech

The US Senate Subcommittee on Antitrust, Competition Policy, and Consumer Rights recently held hearings to see what, if anything, the U.S. might learn from the approaches of other countries regarding antitrust and consumer protection. US lawmakers would do well to be wary of examples from other jurisdictions, however, that are rooted in different legal and ... The Australian approach to “consumer protection” policy is a threat to consumer welfare and free speech

FTC v. Qualcomm: Innovation and Competition

Just days before leaving office, the outgoing Obama FTC left what should have been an unwelcome parting gift for the incoming Commission: an antitrust suit against Qualcomm. This week the FTC — under a new Chairman and with an entirely new set of Commissioners — finished unwrapping its present, and rested its case in the trial begun ... FTC v. Qualcomm: Innovation and Competition

Why Negative Externalities Don’t Justify a Tax on Employers that Drive Up Demand for Housing

Writing in the New York Times, journalist E. Tammy Kim recently called for Seattle and other pricey, high-tech hubs to impose a special tax on Microsoft and other large employers of high-paid workers. Efficiency demands such a tax, she says, because those companies are imposing a negative externality: By driving up demand for housing, they ... Why Negative Externalities Don’t Justify a Tax on Employers that Drive Up Demand for Housing

Tech Expertise in Congress, Additional Thoughts

I’m of two minds on the issue of tech expertise in Congress. Yes there is good evidence that members of Congress and Congressional staff don’t have broad technical expertise. Scholars Zach Graves and Kevin Kosar have detailed these problems, as well as Travis Moore who wrote, “Of the 3,500 legislative staff on the Hill, I’ve ... Tech Expertise in Congress, Additional Thoughts

A brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT

An important but unheralded announcement was made on October 10, 2018: The European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) released a draft CEN CENELAC Workshop Agreement (CWA) on the licensing of Standard Essential Patents (SEPs) for 5G/Internet of Things (IoT) applications. The final agreement, due to be published in ... A brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT

UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, could have the sale of its products enjoined in the UK unless it enters into ... UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Don’t Miss the 2018 ICLE/Leeds Competition Law Conference: Have We Exceeded the Limits of Antitrust?

REGISTER HERE for the much-anticipated 2018 ICLE/Leeds competition law conference, this Friday and Saturday in Washington, DC. NB: We’ve been approved for 8 credit hours of VA MCLE The conference agenda is below. We hope to see you there!