Why the FTC had to Abandon the Duty to Deal Argument Against Qualcomm
On November 22, the FTC filed its answering brief in the FTC v. Qualcomm litigation. As we’ve noted before, it has always seemed a little odd that the current FTC is so vigorously pursuing this case, given some of the precedents it might set and the Commission majority’s apparent views on such issues. But this ... Why the FTC had to Abandon the Duty to Deal Argument Against Qualcomm
Does Political Power Follow Economic Power?
[TOTM: The following is the third in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Geoffrey A. Manne, president and founder of the International Center for Law & Economics, and Alec Stapp, Research Fellow at the ... Does Political Power Follow Economic Power?
What if rising concentration were an indication of more competition, not less?
An oft-repeated claim of conferences, media, and left-wing think tanks is that lax antitrust enforcement has led to a substantial increase in concentration in the US economy of late, strangling the economy, harming workers, and saddling consumers with greater markups in the process. But what if rising concentration (and the current level of antitrust enforcement) ... What if rising concentration were an indication of more competition, not less?
On the Antitrust Risks of Four to Three Mergers: A Case Study of a Potential ThyssenKrupp/Kone Merger
Today, Reuters reports that Germany-based ThyssenKrupp has received bids from three bidding groups for a majority stake in the firm’s elevator business. Finland’s Kone teamed with private equity firm CVC to bid on the company. Private equity firms Blackstone and Carlyle joined with the Canada Pension Plan Investment Board to submit a bid. A third ... On the Antitrust Risks of Four to Three Mergers: A Case Study of a Potential ThyssenKrupp/Kone Merger
The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies
These days, lacking a coherent legal theory presents no challenge to the would-be antitrust crusader. In a previous post, we noted how Shaoul Sussman’s predatory pricing claims against Amazon lacked a serious legal foundation. Sussman has returned with a new post, trying to build out his fledgling theory, but fares little better under even casual ... The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies
The District Court’s FTC v. Qualcomm Decision Rests on Impermissible Inferences and Should Be Reversed
Last week the International Center for Law & Economics (ICLE) and twelve noted law and economics scholars filed an amicus brief in the Ninth Circuit in FTC v. Qualcomm, in support of appellant (Qualcomm) and urging reversal of the district court’s decision. The brief was authored by Geoffrey A. Manne, President & founder of ICLE, and ... The District Court’s FTC v. Qualcomm Decision Rests on Impermissible Inferences and Should Be Reversed
Section 230 principles for lawmakers and a note of caution as Trump convenes his “social media summit”
Neither side in the debate over Section 230 is blameless for the current state of affairs. Reform/repeal proponents have tended to offer ill-considered, irrelevant, or often simply incorrect justifications for amending or tossing Section 230. Meanwhile, many supporters of the law in its current form are reflexively resistant to any change and too quick to dismiss the more reasonable concerns that have been voiced. Most of all, the urge to politicize this issue — on all sides — stands squarely in the way of any sensible discussion and thus of any sensible reform.
In Apple v Pepper, SCOTUS leaves home without its Amex
It might surprise some readers to learn that we think the Court’s decision today in Apple v. Pepper reaches — superficially — the correct result. But, we hasten to add, the Court’s reasoning (and, for that matter, the dissent’s) is completely wrongheaded. It would be an understatement to say that the Court reached the right ... In Apple v Pepper, SCOTUS leaves home without its Amex
An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data
The courtroom trial in the Federal Trade Commission’s (FTC’s) antitrust case against Qualcomm ended in January with a promise from the judge in the case, Judge Lucy Koh, to issue a ruling as quickly as possible — caveated by her acknowledgement that the case is complicated and the evidence voluminous. Well, things have only gotten more ... An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data
This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight, Eminently Assailable
[N]ew combinations are, as a rule, embodied, as it were, in new firms which generally do not arise out of the old ones but start producing beside them; … in general it is not the owner of stagecoaches who builds railways. – Joseph Schumpeter, January 1934 Elizabeth Warren wants to break up the tech giants ... This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight, Eminently Assailable
Elizabeth Warren wants to turn the internet into a literal sewer (service)
Near the end of her new proposal to break up Facebook, Google, Amazon, and Apple, Senator Warren asks, “So what would the Internet look like after all these reforms?” It’s a good question, because, as she herself notes, “Twenty-five years ago, Facebook, Google, and Amazon didn’t exist. Now they are among the most valuable and ... Elizabeth Warren wants to turn the internet into a literal sewer (service)
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law
The German Bundeskartellamt's Facebook decision is unsound from either a competition or privacy policy perspective, and will only make the fraught privacy/antitrust relationship worse.
