The Archives

Everything written by Dirk Auer on law, economics, and more

We Need to Talk About Privacy Absolutism

Privacy absolutism is the misguided belief that protecting citizens’ privacy supersedes all other policy goals, especially economic ones. This is a mistake. Privacy is one value among many, not an end in itself. Unfortunately, the absolutist worldview has filtered into policymaking and is beginning to have very real consequences. Readers need look no further than ... We Need to Talk About Privacy Absolutism

Flattening the Curve without Squashing Society: Market Responses to COVID-19

The COVID-19 pandemic is changing the way consumers shop and the way businesses sell. These shifts in behavior, designed to “flatten the curve” of infection through social distancing, are happening across many (if not all) markets. But in many cases, it’s impossible to know now whether these new habits are actually achieving the desired effect.  ... Flattening the Curve without Squashing Society: Market Responses to COVID-19

The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?

[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 Geoffrey A. Manne, (President, ICLE; Distinguished Fellow, Northwestern University Center on Law, Business, and Economics); and Dirk Auer, (Senior Fellow ... The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?

What Has Big Tech Ever Done for Us? Part Two

[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 Dirk Auer, (Senior Researcher, Liege Competition & Innovation Institute; Senior Fellow, ICLE).] Across the globe, millions of ... What Has Big Tech Ever Done for Us? Part Two

What Has Big Tech Ever Done for Us? Part I

[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 Dirk Auer, (Senior Fellow of Law & Economics, International Center for Law & Economics).] Republican Senator Josh ... What Has Big Tech Ever Done for Us? Part I

Making Sense of the Google Android Decision (part 4): The Commission’s Economic Analysis

This is the fourth, and last, in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here, and the second here, and the third here). It draws on research from a soon-to-be published ICLE white paper. The previous parts of this series have mostly ... Making Sense of the Google Android Decision (part 4): The Commission’s Economic Analysis

Debating the FTC v Qualcomm Amicus Brief, a Summary

Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it purportedly refuses to sell chips to OEMs that have not concluded a license agreement covering its underlying intellectual property. According to the FTC and ... Debating the FTC v Qualcomm Amicus Brief, a Summary

Is FRAND Litigation a Credible Threat?: A reply to Mark Lemley, Douglas Melamed and Steven Salop

Last week, we posted a piece on TOTM, criticizing the amicus brief written by Mark Lemley, Douglas Melamed and Steven Salop in the ongoing Qualcomm litigation. The authors prepared a thoughtful response to our piece, which we published today on TOTM.  In this post, we highlight the points where we agree with the amici (or ... Is FRAND Litigation a Credible Threat?: A reply to Mark Lemley, Douglas Melamed and Steven Salop

Exclusionary Pricing Without the Exclusion: Unpacking Qualcomm’s No License, No Chips Policy

Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it purportedly refuses to sell chips to OEMs that have not concluded a license agreement covering its underlying intellectual property. According to the FTC and ... Exclusionary Pricing Without the Exclusion: Unpacking Qualcomm’s No License, No Chips Policy

Making Sense of the Google Android Decision (part 3): Where is the Harm?

This is the third in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here, and the second here). It draws on research from a soon-to-be published ICLE white paper. (Comparison of Google and Apple’s smartphone business models. Red $ symbols represent money invested; ... Making Sense of the Google Android Decision (part 3): Where is the Harm?

Making Sense of the Google Android Decision (part 2): Ignoring Google’s Competitors

This is the second in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here). It draws on research from a soon-to-be published ICLE white paper. (Left, Android 10 Website; Right, iOS 13 Website) In a previous post, I argued that the Commission failed ... Making Sense of the Google Android Decision (part 2): Ignoring Google’s Competitors

Making Sense of the Google Android Decision (part 1): Four Problems with the EU Commission’s Market Definition

This is the first in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision. It draws on research from a soon-to-be published ICLE white paper. The European Commission’s recent Google Android decision will surely go down as one of the most important competition proceedings of the past decade. And yet, ... Making Sense of the Google Android Decision (part 1): Four Problems with the EU Commission’s Market Definition