The Archives

Everything written by Eric Fruits on law, economics, and more

Is There Any Market Power in Online Display Advertising?

A lawsuit filed by the State of Texas and nine other states in December 2020 alleges, among other things, that Google has engaged in anticompetitive conduct related to its online display-advertising business. Broadly, the Texas complaint (previously discussed in this TOTM symposium) alleges that Google possesses market power in ad-buying tools and in search, illustrated ... Is There Any Market Power in Online Display Advertising?

Online Display Advertising: What’s the relevant market?

Digital advertising is the economic backbone of the Internet. It allows websites and apps to monetize their userbase without having to charge them fees, while the emergence of targeted ads allows this to be accomplished affordably and with less wasted time wasted. This advertising is facilitated by intermediaries using the “adtech stack,” through which advertisers ... Online Display Advertising: What’s the relevant market?

The Klobuchar Bill’s Not-So-Bright Lines for Antitrust Scrutiny

In a recent op-ed, Robert Bork Jr. laments the Biden administration’s drive to jettison the Consumer Welfare Standard that has formed nearly half a century of antitrust jurisprudence. The move can be seen in the near-revolution at the Federal Trade Commission, in the president’s executive order on competition enforcement, and in several of the major ... The Klobuchar Bill’s Not-So-Bright Lines for Antitrust Scrutiny

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?

Rolled by Rewheel, Redux

The Finnish consultancy Rewheel periodically issues reports using mobile wireless pricing information to make claims about which countries’ markets are competitive and which are not. For example, Rewheel claims Canada and Greece have the “least competitive monthly prices” while the United Kingdom and Finland have the most competitive. Rewheel often claims that the number of ... Rolled by Rewheel, Redux

Rising Concentration: Drifters Followup Is Worse Than the Original

Germán Gutiérrez and Thomas Philippon have released a major rewrite of their paper comparing the U.S. and EU competitive environments.  Although the NBER website provides an enticing title — “How European Markets Became Free: A Study of Institutional Drift” — the paper itself has a much more yawn-inducing title: “How EU Markets Became More Competitive ... Rising Concentration: Drifters Followup Is Worse Than the Original

The Antitrust Case Against Google’s Adtech Business, Explained

This week the Senate will hold a hearing into potential anticompetitive conduct by Google in its display advertising business—the “stack” of products that it offers to advertisers seeking to place display ads on third-party websites. It is also widely reported that the Department of Justice is preparing a lawsuit against Google that will likely include ... The Antitrust Case Against Google’s Adtech Business, Explained

EU General Court Sends a Maverick Packing

Last month the EU General Court annulled the EU Commission’s decision to block the proposed merger of Telefónica UK by Hutchison 3G UK.  It what could be seen as a rebuke of the Directorate-General for Competition (DG COMP), the court clarified the proof required to block a merger, which could have a significant effect on ... EU General Court Sends a Maverick Packing

Would You Rather: Merger or Nationalization?

While much of the world of competition policy has focused on mergers in the COVID-19 era. Some observers see mergers as one way of saving distressed but valuable firms. Others have called for a merger moratorium out of fear that more mergers will lead to increased concentration and market power. In the meantime, there has ... Would You Rather: Merger or Nationalization?

Uber/Grubhub: Pandemic Profiteering, Merger Moratoriums, and Rising Concentration … Or Not

Earlier this week, merger talks between Uber and food delivery service Grubhub surfaced. House Antitrust Subcommittee Chairman David N. Cicilline quickly reacted to the news: Americans are struggling to put food on the table, and locally owned businesses are doing everything possible to keep serving people in our communities, even under great duress. Uber is ... Uber/Grubhub: Pandemic Profiteering, Merger Moratoriums, and Rising Concentration … Or Not

Paid to Stay Home? An Entirely Intended Consequence of the COVID-19 Stimulus

In an earlier TOTM post, we argued as the economy emerges from the COVID-19 crisis, perhaps the best policy would allow properly motivated firms and households to themselves balance the benefits, costs, and risks of transitioning to “business as usual.”  Sometimes, however, well meaning government policies disrupt the balance and realign motivations. Our post contrasted ... Paid to Stay Home? An Entirely Intended Consequence of the COVID-19 Stimulus

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