The Archives

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

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

The Digital Policy of the Next EU Commission: All roads Lead to Margrethe Vestager

Ursula von der Leyen has just announced the composition of the next European Commission. For tech firms, the headline is that Margrethe Vestager will not only retain her job as the head of DG Competition, she will also oversee the EU’s entire digital markets policy in her new role as Vice-President in charge of digital ... The Digital Policy of the Next EU Commission: All roads Lead to Margrethe Vestager

In FTC v. Qualcomm, Judge Koh Gets Lost in the Weeds

[TOTM: The following is the eighth in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case recently decided by Judge Lucy Koh in the Northern District of California. Other posts in this series are here. The blog post is based on a forthcoming paper regarding patent holdup, co-authored by ... In FTC v. Qualcomm, Judge Koh Gets Lost in the Weeds

What Zoom can tell us about network effects and competition policy in digital markets

Zoom, one of Silicon Valley’s lesser-known unicorns, has just gone public. At the time of writing, its shares are trading at about $65.70, placing the company’s value at $16.84 billion. There are good reasons for this success. According to its Form S-1, Zoom’s revenue rose from about $60 million in 2017 to a projected $330 ... What Zoom can tell us about network effects and competition policy in digital markets

Is European Competition Law Protectionist? Unpacking the Commission’s Unflattering Track Record

Last month, the European Commission slapped another fine upon Google for infringing European competition rules (€1.49 billion this time). This brings Google’s contribution to the EU budget to a dizzying total of €8.25 billion (to put this into perspective, the total EU budget for 2019 is €165.8 billion). Given this massive number, and the geographic ... Is European Competition Law Protectionist? Unpacking the Commission’s Unflattering Track Record

The Amazon investigation and Europe’s “Big Tech” Crusade

The dust has barely settled on the European Commission’s record-breaking €4.3 Billion Google Android fine, but already the European Commission is gearing up for its next high-profile case. Last month, Margrethe Vestager dropped a competition bombshell: the European watchdog is looking into the behavior of Amazon. Should the Commission decide to move further with the ... The Amazon investigation and Europe’s “Big Tech” Crusade