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The Present State and Future Prospects of the International Competition Network (ICN)

Introduction The International Competition Network (ICN), a “virtual” organization comprised of most of the world’s competition (antitrust) agencies and expert non-governmental advisors (NGAs), held its Sixteenth Annual Conference in Porto, Portugal from May 10-12. (I attended this Conference as an NGA.) Now that the ICN has turned “sweet sixteen,” a stocktaking is appropriate. The ICN ... The Present State and Future Prospects of the International Competition Network (ICN)

A Brief Assessment of the Procompetitive Effects of Organizational Restructuring in the Ag-Biotech Industry

Today the International Center for Law & Economics (ICLE) Antitrust and Consumer Protection Research Program released a new white paper by Geoffrey A. Manne and Allen Gibby entitled: “A Brief Assessment of the Procompetitive Effects of Organizational Restructuring in the Ag-Biotech Industry.” Over the past two decades, rapid technological innovation has transformed the industrial organization of ... A Brief Assessment of the Procompetitive Effects of Organizational Restructuring in the Ag-Biotech Industry

Are rules incompatible with the web? Let’s hope not: A response to Tim Wu

According to Cory Doctorow over at Boing Boing, Tim Wu has written an open letter to W3C Chairman Sir Timothy Berners-Lee, expressing concern about a proposal to include Encrypted Media Extensions (EME) as part of the W3C standards. W3C has a helpful description of EME: Encrypted Media Extensions (EME) is currently a draft specification… [for] an ... Are rules incompatible with the web? Let’s hope not: A response to Tim Wu

New ICLE study finds the Durbin Amendment still harms poorer Americans and small businesses

Today, the International Center for Law & Economics (ICLE) released a study updating our 2014 analysis of the economic effects of the Durbin Amendment to the Dodd-Frank Act. The new paper, Unreasonable and Disproportionate: How the Durbin Amendment Harms Poorer Americans and Small Businesses, by ICLE scholars, Todd J. Zywicki, Geoffrey A. Manne, and Julian ... New ICLE study finds the Durbin Amendment still harms poorer Americans and small businesses

Ag-biotech merger symposium wrap-up

On Thursday, March 30, Friday March 31, and Monday April 3, Truth on the Market and the International Center for Law and Economics presented a blog symposium — Agricultural and Biotech Mergers: Implications for Antitrust Law and Economics in Innovative Industries — discussing three proposed agricultural/biotech industry mergers awaiting judgment by antitrust authorities around the globe. These proposed ... Ag-biotech merger symposium wrap-up

How Uber uses innovative management tactics to incentivize its drivers: A critical commentary on Noam Scheiber’s “How Uber Uses Psychological Tricks to Push Its Drivers’ Buttons”

In a recent long-form article in the New York Times, reporter Noam Scheiber set out to detail some of the ways Uber (and similar companies, but mainly Uber) are engaged in “an extraordinary experiment in behavioral science to subtly entice an independent work force to maximize its growth.” That characterization seems innocuous enough, but it is ... How Uber uses innovative management tactics to incentivize its drivers: A critical commentary on Noam Scheiber’s “How Uber Uses Psychological Tricks to Push Its Drivers’ Buttons”

Symposium

Agricultural and Biotech Mergers Symposium

On March 27, 2017, the European Commission cleared the merger of Dow and DuPont, subject to conditions including divestiture of DuPont’s “global R&D organisation.” As the Commission noted: The Commission had concerns that the merger as notified would have reduced competition on price and choice in a number of markets for existing pesticides. Furthermore, the ... Agricultural and Biotech Mergers Symposium

Innovation as a shield and a club in the agribusiness mergers

People need to eat. All else equal, the more food that can be produced from an acre of land, the better off they’ll be. Of course, people want to pay as little as possible for their food to boot. At heart, the antitrust analysis of the pending agribusiness mergers requires a simple assessment of their ... Innovation as a shield and a club in the agribusiness mergers

Innovation-driven market structure in the ag-biotech industry

Dynamic versus static competition Ever since David Teece and coauthors began writing about antitrust and innovation in high-tech industries in the 1980s, we’ve understood that traditional, price-based antitrust analysis is not intrinsically well-suited for assessing merger policy in these markets. For high-tech industries, performance, not price, is paramount — which means that innovation is key: ... Innovation-driven market structure in the ag-biotech industry

Contestability theory in the real world

Though concentration seems to be an increasingly popular metric for discussing antitrust policy (a backward move in my opinion, given the theoretical work by Harold Demsetz and others many years ago in this area), contestability is still the standard for evaluating antitrust issues from an economic standpoint. Contestability theory, most closely associated with William Baumol, ... Contestability theory in the real world

The Apple tax case: Plain vanilla competition policy?

Since Brussels has ordered Ireland to recover 13€ billion from Apple, much ink has been spilled on the European Commission’s (EC) alleged misuse of power and breach of the “rule of law.” In the Irish Times, Professor Liza Lovdahl-Gormsen wrote that the EC has been “bending” competition law to pursue a corporate taxation agenda in disguise. ... The Apple tax case: Plain vanilla competition policy?

Understanding ownership and property in the Digital Age

What does it mean to “own” something? A simple question (with a complicated answer, of course) that, astonishingly, goes unasked in a recent article in the Pennsylvania Law Review entitled, What We Buy When We “Buy Now,” by Aaron Perzanowski and Chris Hoofnagle (hereafter “P&H”). But how can we reasonably answer the question they pose ... Understanding ownership and property in the Digital Age