The Archives

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

Showing results for:  “google”

The Virtues and Pitfalls of Economic Models

Interrogations concerning the role that economic theory should play in policy decisions are nothing new. Milton Friedman famously drew a distinction between “positive” and “normative” economics, notably arguing that theoretical models were valuable, despite their unrealistic assumptions. Kenneth Arrow and Gerard Debreu’s highly theoretical work on General Equilibrium Theory is widely acknowledged as one of ... The Virtues and Pitfalls of Economic Models

What Lina Khan’s appointment means for the House antitrust bills

Her appointment also comes as House Democrats are preparing to mark up five bills designed to regulate Big Tech and, in the process, vastly expand the FTC’s powers. This expansion may combine with Khan’s appointment in ways that lawmakers considering the bills have not yet considered. This is a critical time for the FTC. It ... What Lina Khan’s appointment means for the House antitrust bills

Breaking Down House Democrats’ Forthcoming Competition Bills

Democratic leadership of the House Judiciary Committee have leaked the approach they plan to take to revise U.S. antitrust law and enforcement, with a particular focus on digital platforms.  Broadly speaking, the bills would: raise fees for larger mergers and increase appropriations to the FTC and DOJ; require data portability and interoperability; declare that large ... Breaking Down House Democrats’ Forthcoming Competition Bills

Bad Blood at the FTC

John Carreyrou’s marvelous book Bad Blood chronicles the rise and fall of Theranos, the one-time Silicon Valley darling that was revealed to be a house of cards.[1] Theranos’s Svengali-like founder, Elizabeth Holmes, convinced scores of savvy business people (mainly older men) that her company was developing a machine that could detect all manner of maladies from ... Bad Blood at the FTC

The Globalization of Antitrust: A Cost-Benefit Appraisal

Overview Virtually all countries in the world have adopted competition laws over the last three decades. In a recent Mercatus Foundation Research Paper, I argue that the spread of these laws has benefits and risks. The abstract of my Paper states: The United States stood virtually alone when it enacted its first antitrust statute in ... The Globalization of Antitrust: A Cost-Benefit Appraisal

European Commission Objection to App Store Rules Lack Empirical Support

The European Commission recently issued a formal Statement of Objections (SO) in which it charges Apple with antitrust breach. In a nutshell, the commission argues that Apple prevents app developers—in this case, Spotify—from using alternative in-app purchase systems (IAPs) other than Apple’s own, or steering them towards other, cheaper payment methods on another site. This, ... European Commission Objection to App Store Rules Lack Empirical Support

The FTC Did Not ‘Fumble the Future’ in Its Google Search Investigation

Politico has released a cache of confidential Federal Trade Commission (FTC) documents in connection with a series of articles on the commission’s antitrust probe into Google Search a decade ago. The headline of the first piece in the series argues the FTC “fumbled the future” by failing to follow through on staff recommendations to pursue ... The FTC Did Not ‘Fumble the Future’ in Its Google Search Investigation

Congress Should Not Legalize a News Media Cartel

Amazingly enough, at a time when legislative proposals for new antitrust restrictions are rapidly multiplying—see the Competition and Antitrust Law Enforcement Reform Act (CALERA), for example—Congress simultaneously is seriously considering granting antitrust immunity to a price-fixing cartel among members of the newsmedia. This would thereby authorize what the late Justice Antonin Scalia termed “the supreme ... Congress Should Not Legalize a News Media Cartel

Platform Self-Preferencing Can Be Good for Consumers and Even Competitors

Critics of big tech companies like Google and Amazon are increasingly focused on the supposed evils of “self-preferencing.” This refers to when digital platforms like Amazon Marketplace or Google Search, which connect competing services with potential customers or users, also offer (and sometimes prioritize) their own in-house products and services.  The objection, raised by several ... Platform Self-Preferencing Can Be Good for Consumers and Even Competitors

Investors and Regulators Can Both Fall for Platform Bubbles

In current discussions of technology markets, few words are heard more often than “platform.” Initial public offering (IPO) prospectuses use “platform” to describe a service that is bound to dominate a digital market. Antitrust regulators use “platform” to describe a service that dominates a digital market or threatens to do so. In either case, “platform” denotes power ... Investors and Regulators Can Both Fall for Platform Bubbles

The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?

The U.S. Department of Justice’s (DOJ) antitrust case against Google, which was filed in October 2020, will be a tough slog.[1] It is an alleged monopolization (Sherman Act, Sec. 2) case; and monopolization cases are always a tough slog. In this brief essay I will lay out some of the issues in the case and raise ... The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?

Trade Promotions in High Tech

As one of the few economic theorists in this symposium, I believe my comparative advantage is in that: economic theory. In this post, I want to remind people of the basic economic theories that we have at our disposal, “off the shelf,” to make sense of the U.S. Department of Justice’s lawsuit against Google. I ... Trade Promotions in High Tech