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

Showing results for:  “premium natural and organic”

An Honest Question for Obamacare Supporters

A number of opponents of Obamacare, such as Wall Street Journal columnist William McGurn, have criticized the President and his people for referring to pending proposals as “health insurance reform” rather than “health care reform.” I suppose these critics think the President is engaging in a sleight of hand in an effort to minimize the ... An Honest Question for Obamacare Supporters

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

Fool me once, shame on…shame on you. Fool me – you can’t get fooled again.

I’d like to share a quote on banking industry regulation: “To restrain private people, it may be said, from receiving in payment the promissory notes of a banker for any sum, whether great or small, when they themselves are willing to receive them; or, to restrain a banker from issuing such notes, when all his ... Fool me once, shame on…shame on you. Fool me – you can’t get fooled again.

The Amazon-Whole Foods merger: Natural and organic competition in the evolving grocery industry

What actually happened in the year following the merger is nearly the opposite: Competition among grocery stores has been more fierce than ever. “Offline” retailers are expanding — and innovating — to meet Amazon’s challenge, and many of them are booming. Disruption is never neat and tidy, but, in addition to saving Whole Foods from potential oblivion, the merger seems to have lit a fire under the rest of the industry. This result should not be surprising to anyone who understands the nature of the competitive process. But it does highlight an important lesson: competition often comes from unexpected quarters and evolves in unpredictable ways, emerging precisely out of the kinds of adversity opponents of the merger bemoaned.

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

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

Investigating Search Bias: Measuring Edelman & Lockwood’s Failure to Measure Bias in Search

Last week I linked to my new study on “search bias.”  At the time I noted I would have a few blog posts in the coming days discussing the study.  This is the first of those posts. A lot of the frenzy around Google turns on “search bias,” that is, instances when Google references its ... Investigating Search Bias: Measuring Edelman & Lockwood’s Failure to Measure Bias in Search

Amazon-Whole Foods symposium wrap-up

On Tuesday, August 28, 2018, Truth on the Market and the International Center for Law and Economics presented a blog symposium — Is Amazon’s Appetite Bottomless? The Whole Foods Merger After One Year — that looked at the concerns surrounding the closing of the Amazon-Whole Foods merger, and how those concerns had played out over ... Amazon-Whole Foods symposium wrap-up

The Washington Post editorial board understands online competition better than the European Commission does

Last week the editorial board of the Washington Post penned an excellent editorial responding to the European Commission’s announcement of its decision in its Google Shopping investigation. Here’s the key language from the editorial: Whether the demise of any of [the complaining comparison shopping sites] is specifically traceable to Google, however, is not so clear. ... The Washington Post editorial board understands online competition better than the European Commission does

Whose Failure Is the Failed Amazon/iRobot Merger?

The European Commission told Amazon in November 2023 of its preliminary view that the company’s proposed acquisition of iRobot restricted competition in the market for robot vacuum cleaners (RVCs) and could hamper rival RVC suppliers’ ability to compete effectively. The deal, the Commission asserted, would give Amazon incentive to foreclose iRobot’s competitors by engaging in ... Whose Failure Is the Failed Amazon/iRobot Merger?

Why Take Antitrust? (Fall 2010 Edition)

In what has become an annual affair, around this time of the year, I like to make the case for law students to take antitrust. Each year, the post is edited and tweaked a little bit.  So, without further ado, here is this year’s edition of “Why Take Antitrust?” As the start of the new ... Why Take Antitrust? (Fall 2010 Edition)

Political Philosophy, Competition, and Competition Law: The Road to and from Neoliberalism, Part 1

The interplay among political philosophy, competition, and competition law remains, with some notable exceptions, understudied in the literature. Indeed, while examinations of the intersection between economics and competition law have taught us much, relatively little has been said about the value frameworks within which different visions of competition and competition law operate. As Ronald Coase ... Political Philosophy, Competition, and Competition Law: The Road to and from Neoliberalism, Part 1