Showing results for: “sirius xm merger”
Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be
Inspired by the European Union’s Digital Markets Act (DMA), a growing number of jurisdictions around the globe either have adopted or are considering adopting frameworks of preemptive digital-competition rules (DCRs) that would more closely regulate the business models of such platforms as Google’s search engine and Amazon’s e-commerce business. The Turkish government may soon join ... Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be
Antitrust at the Agencies: PBM Madness at the FTC, Part 1
“Curiouser and curiouser!” Cried Alice (she was so much surprised, that for the moment she quite forgot how to speak good English). — Lewis Carroll, Alice’s Adventures in Wonderland Let’s start more modestly, if less cleverly, with “curious.” The Federal Trade Commission (FTC) announced Sept. 20 that it had filed a complaint: against the three ... Antitrust at the Agencies: PBM Madness at the FTC, Part 1
The FTC Takes On Pharmaceutical Benefit Managers
The Federal Trade Commission (FTC) announced Sept. 20 that it was suing the three largest pharmaceutical benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and Optum—alleging competition and consumer-protection law violations. This commentary provides information on controversies surrounding the economic effects of PBMs that led up to the suit. A follow-up commentary will assess the lawsuit ... The FTC Takes On Pharmaceutical Benefit Managers
Prudence and Precedent Counsel Modest Remedies in Google Search Case
Later this fall, the U.S. District Court for the District of Columbia will hold hearings to determine the proper remedy in the Google search case. Among other options, the court could restrict Google’s ability to sign exclusive distribution contracts, force it to share data with competitors, or even break Google apart into two or more ... Prudence and Precedent Counsel Modest Remedies in Google Search Case
Draghi Report Highlights Why to Be Wary of the ‘Brussels Effect’
Everyone in Europe, and across the international competition-law sphere, seems to have their own interpretation these days of former Italian Prime Minister and European Central Bank President Mario Draghi’s recent report “The Future of European Competitiveness” (a.k.a., the “Draghi report”). And, of course, those various interpretations, unsurprisingly, inevitably match the interpreter’s policy preferences. This is ... Draghi Report Highlights Why to Be Wary of the ‘Brussels Effect’
Antitrust at the Agencies: The Meat of the Matter Edition
The Federal Trade Commission (FTC) issued comments Sept. 11 in support of a proposed U.S. Department of Agriculture (USDA) rule that “seeks to clarify the scope of what constitutes unfair practices under the Packers and Stockyards Act (PSA), which assures fair competition and fair trade practices to protect farmers, ranchers, growers, and consumers.” In the ... Antitrust at the Agencies: The Meat of the Matter Edition
Big Federal Antitrust Cases Heat Up
The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) are advancing two major antitrust cases that will have significant implications for the American public. The DOJ, joined by eight states, announced Aug. 23 that it was suing RealPage Inc. for an “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize ... Big Federal Antitrust Cases Heat Up
Vacatur’s All I Ever Wanted
Yep, more about noncompetes. I’ve been at this a bit. I’m aware. Just last week, and then again here, here, here, here, and here at Truth on the Market; here in a more formal journal article; and here with my International Center for Law & Economics (ICLE) colleagues and scholars of law and economics. Maybe ... Vacatur’s All I Ever Wanted
Some Thoughts on the Google Decision, for Those Who Haven’t ‘Binged’ It Yet
Readers of Truth on the Market are no doubt aware of Judge Amit Mehta’s Aug. 5 decision in the Google search antitrust case—that is, his 286-page memorandum and order finding Google liable for violating Section 2 of the Sherman Act (specifically, illegal monopoly maintenance in two markets: general search services and general text advertising). Comments ... Some Thoughts on the Google Decision, for Those Who Haven’t ‘Binged’ It Yet
Europe’s Latest Antitrust Policy Pronouncement Threatens Innovation
A newly released draft of the European Union’s proposed monopolization guidelines suggest they could pose a new threat to innovative business practices that promote high-tech economic growth. The EU should scrap the draft and U.S. antitrust enforcers should likewise reject its approach. Overregulation Harms EU Economic Growth and Innovation The United States, not Europe, has ... Europe’s Latest Antitrust Policy Pronouncement Threatens Innovation
Don’t Believe the Hype (on Competition and AI)
As in the Public Enemy song that gives this post its title, the hype about alleged competition risks in the artificial intelligence (AI) “market” is a sequel—and not a good one—to the hyperbolic and dystopian view that has informed several recent antitrust-policy proposals and demands for tougher enforcement of competition laws, particularly in digital markets. ... Don’t Believe the Hype (on Competition and AI)
The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era
While last year’s labor disputes between the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA), on the one hand, and Hollywood’s major movie and television studios, on the other, have been settled for months now, lingering questions remain about competitive conditions in the industry. In a recent submission to the California Law ... The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era
