The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

The Politicization of Antitrust Blog Symposium

The operative text of the Sherman Antitrust Act of 1890 is a scant 100 words: Section 1: Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract ... The Politicization of Antitrust Blog Symposium

Mr. Watson, I Want to See You … About Vertical Mergers and Price Regulation

Jonathan B. Baker, Nancy L. Rose, Steven C. Salop, and Fiona Scott Morton don’t like vertical mergers: Vertical mergers can harm competition, for example, through input foreclosure or customer foreclosure, or by the creation of two-level entry barriers.  … Competitive harms from foreclosure can occur from the merged firm exercising its increased bargaining leverage to ... Mr. Watson, I Want to See You … About Vertical Mergers and Price Regulation

It’s Time to Let STELA Go Off Into the Sunset and Reform Video Marketplace Regulation

Every 5 years, Congress has to reauthorize the sunsetting provisions of the Satellite Television Extension and Localism Act (STELA). And the deadline for renewing the law is quickly approaching (Dec. 31). While sunsetting is, in the abstract, seemingly a good thing to ensure rules don’t become outdated, there are an interlocking set of interest groups ... It’s Time to Let STELA Go Off Into the Sunset and Reform Video Marketplace Regulation

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?

A New Office of Technology Assessment: The Wrong Answer to the Wrong Question at the Wrong Time

Congress needs help understanding the fast moving world of technology. That help is not going to arise by reviving the Office of Technology Assessment (“OTA”), however. The OTA is an idea for another age, while the tweaks necessary to shore up the existing  technology resources available to Congress are relatively modest.  Although a new OTA ... A New Office of Technology Assessment: The Wrong Answer to the Wrong Question at the Wrong Time

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

ICLE Files COPPA Review Comments Arguing the FTC Should Repeal the 2013 Amendments

Today, I filed a regulatory comment in the FTC’s COPPA Rule Review on behalf of the International Center for Law & Economics. Building on prior work, I argue the FTC’s 2013 amendments to the COPPA Rule should be repealed.  The amendments ignored the purpose of COPPA by focusing on protecting children from online targeted advertising ... ICLE Files COPPA Review Comments Arguing the FTC Should Repeal the 2013 Amendments

Private Antitrust: What Hipsters Can Learn from Hulk Hogan

Antitrust populists have a long list of complaints about competition policy, including: laws aren’t broad enough or tough enough, enforcers are lax, and judges tend to favor defendants over plaintiffs or government agencies. The populist push got a bump with the New York Times coverage of Lina Khan’s “Amazon’s Antitrust Paradox” in which she advocated ... Private Antitrust: What Hipsters Can Learn from Hulk Hogan

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

Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

John Maynard Keynes wrote in his famous General Theory that “[t]he ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men who believe themselves to be quite exempt from any intellectual influence, ... Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

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 Forgotten Virtues of Doing Nothing

This guest post is by Jonathan M. Barnett, Torrey H. Webb Professor Law, University of Southern California Gould School of Law. It has become virtual received wisdom that antitrust law has been subdued by economic analysis into a state of chronic underenforcement. Following this line of thinking, many commentators applauded the Antitrust Division’s unsuccessful campaign ... The Forgotten Virtues of Doing Nothing