Showing results for: “digital markets act”
FTC Competition Rulemaking Flunks a Cost-Benefit Test
There is little doubt that Federal Trade Commission (FTC) unfair methods of competition rulemaking proceedings are in the offing. Newly named FTC Chair Lina Khan and Commissioner Rohit Chopra both have extolled the benefits of competition rulemaking in a major law review article. What’s more, in May, Commissioner Rebecca Slaughter (during her stint as acting ... FTC Competition Rulemaking Flunks a Cost-Benefit Test
Build Broadband Better: Focus on Competition, Not Competitors
President Joe Biden named his post-COVID-19 agenda “Build Back Better,” but his proposals to prioritize support for government-run broadband service “with less pressure to turn profits” and to “reduce Internet prices for all Americans” will slow broadband deployment and leave taxpayers with an enormous bill. Policymakers should pay particular heed to this danger, amid news ... Build Broadband Better: Focus on Competition, Not Competitors
Alston Decision Shows Consumer Welfare Standard Isn’t Broken
From Sen. Elizabeth Warren (D-Mass.) to Sen. Josh Hawley (R-Mo.), populist calls to “fix” our antitrust laws and the underlying Consumer Welfare Standard have found a foothold on Capitol Hill. At the same time, there are calls to “fix” the Supreme Court by packing it with new justices. The court’s unanimous decision in NCAA v. ... Alston Decision Shows Consumer Welfare Standard Isn’t Broken
Dynamic Merger Efficiencies: The Case of Pharmaceutical Markets
The recent launch of the international Multilateral Pharmaceutical Merger Task Force (MPMTF) is just the latest example of burgeoning cooperative efforts by leading competition agencies to promote convergence in antitrust enforcement. (See my recent paper on the globalization of antitrust, which assesses multinational cooperation and convergence initiatives in greater detail.) In what is a first, ... Dynamic Merger Efficiencies: The Case of Pharmaceutical Markets
The Virtues and Pitfalls of Economic Models
Interrogations concerning the role that economic theory should play in policy decisions are nothing new. Milton Friedman famously drew a distinction between “positive” and “normative” economics, notably arguing that theoretical models were valuable, despite their unrealistic assumptions. Kenneth Arrow and Gerard Debreu’s highly theoretical work on General Equilibrium Theory is widely acknowledged as one of ... The Virtues and Pitfalls of Economic Models
What Lina Khan’s appointment means for the House antitrust bills
Her appointment also comes as House Democrats are preparing to mark up five bills designed to regulate Big Tech and, in the process, vastly expand the FTC’s powers. This expansion may combine with Khan’s appointment in ways that lawmakers considering the bills have not yet considered. This is a critical time for the FTC. It ... What Lina Khan’s appointment means for the House antitrust bills
The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston
In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld a district court injunction finding unlawful certain National Collegiate Athletic Association (NCAA) rules limiting the education-related benefits schools may make available to student athletes. The decision will come as no ... The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston
NY ‘Abuse of Dominance’ Bill Attacks Consumer Welfare and the US Antitrust Tradition
U.S. antitrust law is designed to protect competition, not individual competitors. That simple observation lies at the heart of the Consumer Welfare Standard that for years has been the cornerstone of American antitrust policy. An alternative enforcement policy focused on protecting individual firms would discourage highly efficient and innovative conduct by a successful entity, because ... NY ‘Abuse of Dominance’ Bill Attacks Consumer Welfare and the US Antitrust Tradition
Breaking Down House Democrats’ Forthcoming Competition Bills
Democratic leadership of the House Judiciary Committee have leaked the approach they plan to take to revise U.S. antitrust law and enforcement, with a particular focus on digital platforms. Broadly speaking, the bills would: raise fees for larger mergers and increase appropriations to the FTC and DOJ; require data portability and interoperability; declare that large ... Breaking Down House Democrats’ Forthcoming Competition Bills
ITSA Foreshadows Final Act in 5.9GHz Fight
It’s a telecom tale as old as time: industry gets a prime slice of radio spectrum and falls in love with it, only to take it for granted. Then, faced with the reapportionment of that spectrum, it proceeds to fight tooth and nail (and law firm) to maintain the status quo. In that way, the ... ITSA Foreshadows Final Act in 5.9GHz Fight
Bad Blood at the FTC
John Carreyrou’s marvelous book Bad Blood chronicles the rise and fall of Theranos, the one-time Silicon Valley darling that was revealed to be a house of cards.[1] Theranos’s Svengali-like founder, Elizabeth Holmes, convinced scores of savvy business people (mainly older men) that her company was developing a machine that could detect all manner of maladies from ... Bad Blood at the FTC
Against the Jones Act
Economist Josh Hendrickson asserts that the Jones Act is properly understood as a Coasean bargain. In this view, the law serves as a subsidy to the U.S. maritime industry through its restriction of waterborne domestic commerce to vessels that are constructed in U.S. shipyards, U.S.-flagged, and U.S.-crewed. Such protectionism, it is argued, provides the government ... Against the Jones Act
