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Who’s the Real Destroyer of Retail
Treasury Secretary Steve Mnuchin recently claimed that Amazon has “destroyed the retail industry across the United States” and should be investigated for antitrust violations. The claim doesn’t pass the laugh test. What’s more, the allegation might more rightly be levelled at Mnuchin himself. Mnuchin. Is. Wrong. First, while Amazon’s share of online retail in the ... Who’s the Real Destroyer of Retail
T-Mobile Sprints to the Finish Line: States Demand a Do-Over
The Department of Justice announced it has approved the $26 billion T-Mobile/Sprint merger. Once completed, the deal will create a mobile carrier with around 136 million customers in the U.S., putting it just behind Verizon (158 million) and AT&T (156 million). While all the relevant federal government agencies have now approved the merger, it still ... T-Mobile Sprints to the Finish Line: States Demand a Do-Over
Merger Lore: Dispelling the Myth of the Maverick
There’s always a reason to block a merger: If a firm is too big, it will be because it is “a merger for monopoly”; If the firms aren’t that big, it will be for “coordinated effects”; If a firm is small, then it will be because it will “eliminate a maverick”. It’s a version of ... Merger Lore: Dispelling the Myth of the Maverick
Breaking up Facebook Would Be a Technical and Organizational Nightmare — and Would Almost Certainly Harm Consumers
[This post is the fifth in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by William Rinehart, Director of Technology and Innovation Policy at American Action Forum.] Back in May, the New York Times published an op-ed by Chris Hughes, one ... Breaking up Facebook Would Be a Technical and Organizational Nightmare — and Would Almost Certainly Harm Consumers
The Unconstitutionality of the FCC’s Leased Access Rules
Monday July 22, ICLE filed a regulatory comment arguing the leased access requirements enforced by the FCC are unconstitutional compelled speech that violate the First Amendment. When the DC Circuit Court of Appeals last reviewed the constitutionality of leased access rules in Time Warner v. FCC, cable had so-called “bottleneck power” over the marketplace for ... The Unconstitutionality of the FCC’s Leased Access Rules
Separation without a Breakup
[This post is the fourth in an ongoing symposium on “Should We Break Up Big Tech?“that features analysis and opinion from various perspectives.] [This post is authored by Pallavi Guniganti, editor of Global Competition Review.] Start with the assumption that there is a problem The European Commission and Austria’s Federal Competition Authority are investigating Amazon ... Separation without a Breakup
Big Tech and Antitrust
[This post is the third in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by John E. Lopatka, Robert Noll Distinguished Professor of Law, School of Law, The Pennsylvania State University] Big Tech firms stand accused of many evils, and ... Big Tech and Antitrust
Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”
[This post is the second in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by Philip Marsden, Bank of England & College of Europe, IG/Twitter: @competition_flaneur] Since the release of our Furman Report, I have been blessed with an uptick in #antitrusttourism. ... Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”
Should Patent Hold-Out Concerns Trump Patent Hold-Up Misgivings?
Over the last few years competition authorities in the US and elsewhere have repeatedly warned about the risk of patent hold-up in the licensing of Standard Essential Patents (SEPs). Concerns about such risks were front and center in the recent FTC case against Qualcomm, where the Court ultimately concluded that Qualcomm had used a series ... Should Patent Hold-Out Concerns Trump Patent Hold-Up Misgivings?
FTC v. Qualcomm: A Case of Regulatory Capture?
There is little doubt that the decision in May 2019 by the Northern District of California in FTC v. Qualcomm is of historical importance. Unless reversed or modified on appeal, the decision would require that the lead innovator behind 3G and 4G smartphone technology renegotiate hundreds of existing licenses with device producers and offer new ... FTC v. Qualcomm: A Case of Regulatory Capture?
Breaking up Amazon? Platforms, Private Labels and Entry
[This post is the first in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by Randal C. Picker, James Parker Hall Distinguished Service Professor of Law at The University of Chicago Law School] The European Commission just announced that it ... Breaking up Amazon? Platforms, Private Labels and Entry
Should We Break Up Big Tech? Symposium
Over the past two years, numerous scholars and pundits have called for aggressive regulation of “Big Tech” companies, including Alphabet/Google, Amazon, Apple, and Facebook. Some have called for them to be broken up. Meanwhile, governments in several jurisdictions, including the EU and Germany, have brought antitrust cases against several “Big Tech” companies, although so far ... Should We Break Up Big Tech? Symposium
