Showing results for: “Dr. Miles”
The CFPB’s Misleading Slant on Competition in Credit-Card Markets
In yet another example of interagency cheerleading from the Federal Trade Commission (FTC), Chair Lina Khan recently touted the work of the Consumer Financial Protection Bureau (CFPB) on payments networks: https://twitter.com/linakhanFTC/status/1759962157133726060?s=20 Hmmm, does it? How so? And what ought one to do with that information? A caveat: I’ve spent many years on competition issues, but ... The CFPB’s Misleading Slant on Competition in Credit-Card Markets
The Conundrum of Out-of-Market Effects in Merger Enforcement
Section 7 of the Clayton Act prohibits mergers that harm competition in “in any line” of commerce. And, indeed, the Supreme Court’s decisions in Philadelphia National Bank and Topco are often cited on behalf of the proposition that this means any single cognizable market, and that anticompetitive effects in one market cannot be offset by ... The Conundrum of Out-of-Market Effects in Merger Enforcement
Artificial Intelligence Meets Organic Folly
In a May 3 op-ed in The New York Times, Federal Trade Commission (FTC) Chair Lina Khan declares that “We Must Regulate A.I. Here’s How.” I’m concerned after reading it that I missed both the regulatory issue and the “here’s how” part, although she does tell us that “enforcers and regulators must be vigilant.” Indeed, ... Artificial Intelligence Meets Organic Folly
Rules Without Reason
In his July Executive Order, President Joe Biden called on the Federal Trade Commission (FTC) to consider making a series of rules under its purported authority to regulate “unfair methods of competition.”[1] Chair Lina Khan has previously voiced her support for doing so.[2] My view is that the Commission has no such rulemaking powers, and ... Rules Without Reason
Doublespeak in the Debate About Rural Broadband Buildout
As Thomas Sowell has noted many times, political debates often involve the use of words which if taken literally mean something very different than the connotations which are conveyed. Examples abound in the debate about broadband buildout. There is a general consensus on the need to subsidize aspects of broadband buildout to rural areas in ... Doublespeak in the Debate About Rural Broadband Buildout
How Will the Application of Antitrust Law Change During the Coronavirus Crisis?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Steve Cernak, (Partner, Bona Law).] The antitrust laws have not been suspended during the current COVID-19 crisis. ... How Will the Application of Antitrust Law Change During the Coronavirus Crisis?
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.
Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing
The Apple e-books case is throwback to Dr. Miles, the 1911 Supreme Court decision that managed to misinterpret the economics of competition and so thwart productive activity for over a century. The active debate here at TOTM reveals why. The District Court and Second Circuit have employed a per se rule to find that the ... Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing
Swimming Against the Tide: The FTC’s Misguided Antagonism to Health Care Integration
There is a consensus in America that we need to control health care costs and improve the delivery of health care. After a long debate on health care reform and careful scrutiny of health care markets, there seems to be agreement that the unintegrated, “siloed approach” to health care is inefficient, costly, and contrary to ... Swimming Against the Tide: The FTC’s Misguided Antagonism to Health Care Integration
Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Mike Sykuta and I recently co-authored a short article discussing the latest evidence on, and proper legal treatment of, minimum resale price maintenance (RPM). Following is a bit about the article (which is available here). Despite the U.S. Supreme Court’s Leegin decision holding that minimum RPM must be evaluated under antitrust’s Rule of Reason, the ... Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Terry Calvani and Angela Diveley on Injury to Competition and Efficiencies in Section 5 Claims
We welcome Commissioner Wright’s contribution in making the important point that the Commission’s unfair methods of competition (UMC) jurisdiction under Section 5 of the FTCA should be subject to limiting principles. We make two observations about the policy statement and a more general observation about the FTC in light of its upcoming 100th anniversary. The ... Terry Calvani and Angela Diveley on Injury to Competition and Efficiencies in Section 5 Claims
Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
I’ve spent the last few days in DC at the ABA Antitrust Section’s Spring Meeting. The Spring Meeting is the extravaganza of the year for antitrust lawyers, bringing together leading antitrust practitioners, enforcers, and academics for in-depth discussions about developments in the law. It’s really a terrific event. I was honored this year to have ... Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
