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Showing results for:  “digital markets act”

Is Antitrust Too Complicated for Federalist Judges? Forthcoming In Journal of Law and Economics

I’m very pleased to report that my paper with Michael R. Baye (of the Kelley School of Business at Indiana University and formerly Director of the Bureau of Economics at the Federal Trade Commission), Is Antitrust Too Complicated For Generalist Judges: The Impact of Economic Complexity and Judicial Training on Appeals, has been accepted for ... Is Antitrust Too Complicated for Federalist Judges? Forthcoming In Journal of Law and Economics

"Go-Shop" Provisions in Acquisition Agreements

A standard provision of an acquisition agreement is a “no-shop/no-talk.� Under this provision, the target company contractually agrees with the buyer not to solicit or talk to other buyers, even if unsolicited, regarding making a superior bid. A no-shop/no-talk is designed to protect the buyer against another buyer stealing the deal. However, the provision is ... "Go-Shop" Provisions in Acquisition Agreements

WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power

A Washington Post editorial last week reached the surprising conclusion that a series of vertical and horizontal acquisitions that led to a firm owning about 40% of the gas stations in the District of Columbia was procompetitive.  The editorial apparently concluded that the vertical integration efficiencies were more important than the adverse horizontal effects.  The ... WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power

Judge Posner on Financial Reform and the Consumer Financial Protection Bureau

Judge Posner offers his thoughts on financial reform, mostly negative, at Bloomberg.   The thrust of the essay is that the financial regulation produced by the political process has, at best, a poor nexus to the actual causes of the economic crisis, and that what we are left with is primary reorganization and reshuffling to look ... Judge Posner on Financial Reform and the Consumer Financial Protection Bureau

ICLE Files COPPA Review Comments Arguing the FTC Should Repeal the 2013 Amendments

Today, I filed a regulatory comment in the FTC’s COPPA Rule Review on behalf of the International Center for Law & Economics. Building on prior work, I argue the FTC’s 2013 amendments to the COPPA Rule should be repealed.  The amendments ignored the purpose of COPPA by focusing on protecting children from online targeted advertising ... ICLE Files COPPA Review Comments Arguing the FTC Should Repeal the 2013 Amendments

Vertical Mergers: Fast Food, Folklore, and Fake News

In the Federal Trade Commission’s recent hearings on competition policy in the 21st century, Georgetown professor Steven Salop urged greater scrutiny of vertical mergers. He argued that regulators should be skeptical of the claim that vertical integration tends to produce efficiencies that can enhance consumer welfare. In his presentation to the FTC, Professor Salop provided ... Vertical Mergers: Fast Food, Folklore, and Fake News

Some Perspective on the Intel Settlement

Let me add on a few brief observations on the Intel settlement to Dan’s earlier comments, with which I largely agree.  There is a lot to say about the settlement: the predatory design aspects, Section 5, the (I found) quite odd self-congratulatory settlement press conference and webcast, and of course, what the settlement means for ... Some Perspective on the Intel Settlement

The FTC and the Internet

I will be discussing the titular topic at a Federalist Society panel (sponsored by the NY City Lawyers Chapter) along with Richard Epstein (NYU Law) and Jonathan Baker (Chief Economist, FCC) Tuesday night at the Cornell Club.  Registration details are available at the link above.  Here is the event description: The Federal Trade Commission is ... The FTC and the Internet

ABA Section of Antitrust Spring Meeting

The 59th Annual Section of Antitrust Spring Meeting is coming up March 30th to April 1.  For those who have not yet had the opportunity to attend and will be in DC or can make it — its a great event and I highly recommend it.  If you are a law student interested in attending ... ABA Section of Antitrust Spring Meeting

Is the FTC Moving to the National Gallery of Art, Part II

Congressman Mica’s mission to oust the Federal Trade Commission from its current digs continues.  Mica is the chairman of the House Transportation and Infrastructure Committee, and has made the move top priority (Washington Post): “You won’t believe me, but this is my only priority as chairman,” he says — a fact that has the commissioners ... Is the FTC Moving to the National Gallery of Art, Part II

More on the Fighting Antitrust Agencies

One additional observation on the WSJ story Paul mentioned.  Much has been written about the strained relationship between the FTC and DOJ in antitrust matters.  There has, of course, never been a more descriptive and entertaining version of these tensions than the one offered by former Chairman and now Commissioner Kovacic who observed that the ... More on the Fighting Antitrust Agencies

Shocked: Gasoline Prices Vary Edition

From the Attorney General’s Memorandum to the Financial Fraud Enforcement Task Force (HT: Michael Giberson, who is a must read on all issues oil and energy related: Based upon our work and research to date, it is evident that there are regional differences in gasoline prices, as well as differences in the statutory and other ... Shocked: Gasoline Prices Vary Edition