The Archives

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

Showing results for:  “premium natural and organic”

The Case Against Google Advertising: What’s the Relevant Market and How Many Are There?

U.S. antitrust regulators have a history of narrowly defining relevant markets—often to the point of absurdity—in order to create market power out of thin air. The Federal Trade Commission (FTC) famously declared that Whole Foods and Wild Oats operated in the “premium natural and organic supermarkets market”—a narrowly defined market designed to exclude other supermarkets ... The Case Against Google Advertising: What’s the Relevant Market and How Many Are There?

Amazon-Whole Foods: The Speculation Then, the Evidence Today

Carl Shapiro, the government’s economics expert opposing the AT&T-Time Warner merger, seems skeptical of much of the antitrust populists’ Amazon rhetoric: "Simply saying that Amazon has grown like a weed, charges very low prices, and has driven many smaller retailers out of business is not sufficient. Where is the consumer harm?" On its face, there was nothing about the Amazon/Whole Foods merger that should have raised any antitrust concerns. While one year is too soon to fully judge the competitive impacts of the Amazon-Whole Foods merger, nevertheless, it appears that much of the populist antitrust movement’s speculation that the merger would destroy competition and competitors and impoverish workers has failed to materialize.

Zeke Emanuel on the ACA’s Adverse Selection Problem and Solutions to It

Ezekiel Emanuel, Rahm’s brother and former health care adviser to President Obama, acknowledges in today’s Wall Street Journal that adverse selection may prove to be a “bump in the road” in the implementation of the Affordable Care Act (ACA).  But never you mind.  He’s got solutions.  And, as usual, they all come down to messaging. Emanuel describes ... Zeke Emanuel on the ACA’s Adverse Selection Problem and Solutions to It

On the Origin of Platforms: An Evolutionary Perspective

Hardly a day goes by without news of further competition-related intervention in the digital economy. The past couple of weeks alone have seen the European Commission announce various investigations into Apple’s App Store (here and here), as well as reaffirming its desire to regulate so-called “gatekeeper” platforms. Not to mention the CMA issuing its final ... On the Origin of Platforms: An Evolutionary Perspective

How Changing Section 230 Could Disrupt Insurance Markets

In recent years, a diverse cross-section of advocates and politicians have leveled criticisms at Section 230 of the Communications Decency Act and its grant of legal immunity to interactive computer services. Proposed legislative changes to the law have been put forward by both Republicans and Democrats. It remains unclear whether Congress (or the courts) will ... How Changing Section 230 Could Disrupt Insurance Markets

The Antitrust Prohibition of Favoritism, or the Imposition of Corporate Selflessness

It is my endeavor to scrutinize the questionable assessment articulated against default settings in the U.S. Justice Department’s lawsuit against Google. Default, I will argue, is no antitrust fault. Default in the Google case drastically differs from default referred to in the Microsoft case. In Part I, I argue the comparison is odious. Furthermore, in ... The Antitrust Prohibition of Favoritism, or the Imposition of Corporate Selflessness

The market realities that undermine the antitrust case against Google

As the Google antitrust discussion heats up on its way toward some culmination at the FTC, I thought it would be helpful to address some of the major issues raised in the case by taking a look at what’s going on in the market(s) in which Google operates. To this end, I have penned a ... The market realities that undermine the antitrust case against Google

Fed should stay out of Google/Twitter social search spat

As has become customary with just about every new product announcement by Google these days, the company’s introduction on Tuesday of its new “Search, plus Your World” (SPYW) program, which aims to incorporate a user’s Google+ content into her organic search results, has met with cries of antitrust foul play. All the usual blustering and ... Fed should stay out of Google/Twitter social search spat

Is Google Search Bias Consistent with Anticompetitive Foreclosure?

In my series of three posts (here, here and here) drawn from my empirical study on search bias I have examined whether search bias exists, and, if so, how frequently it occurs.  This, the final post in the series, assesses the results of the study (as well as the Edelman & Lockwood (E&L) study to ... Is Google Search Bias Consistent with Anticompetitive Foreclosure?

The Economics of Celebrity Endorsements

Bob Greene (CNN) argues that celebrity endorsements are meaningless.  Worse than that, according to Greene, celebrity endorsements necessarily amount to a raw deal for consumers: This is all elementary. If someone accepts cash in exchange for offering a positive evaluation of something, then the evaluation must be tossed out. It’s worse than meaningless.  Yet in ... The Economics of Celebrity Endorsements

Why can’t we have a better press corps?: WaPo Google antitrust edition

Steven Pearlstein at the Washington Post asks if it’s “Time to loosen Google’s grip.”  The article is an analytical mess.  Pearlstein is often a decent business reporter–I’m not sure what went wrong here, but this is a pretty shoddy piece of antitrust journalism. For the most part, the article is a series of tired claims ... Why can’t we have a better press corps?: WaPo Google antitrust edition

Does Apple’s “Discrimination” Against Rival Apps in the App Store harm Consumers?

A spate of recent newspaper investigations and commentary have focused on Apple allegedly discriminating against rivals in the App Store. The underlying assumption is that Apple, as a vertically integrated entity that operates both a platform for third-party apps and also makes it own apps, is acting nefariously whenever it “discriminates” against rival apps through ... Does Apple’s “Discrimination” Against Rival Apps in the App Store harm Consumers?