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

Showing results for:  “digital markets act”

FTC v. Qualcomm: Innovation and Competition

Just days before leaving office, the outgoing Obama FTC left what should have been an unwelcome parting gift for the incoming Commission: an antitrust suit against Qualcomm. This week the FTC — under a new Chairman and with an entirely new set of Commissioners — finished unwrapping its present, and rested its case in the trial begun ... FTC v. Qualcomm: Innovation and Competition

Boom, bust, and collusion: Does it really matter?

A recent working paper by Hashmat Khan and Matthew Strathearn attempts to empirically link anticompetitive collusion to the boom and bust cycles of the economy. The level of collusion is higher during a boom relative to a recession as collusion occurs more frequently when demand is increasing (entering into a collusive arrangement is more profitable ... Boom, bust, and collusion: Does it really matter?

Why Negative Externalities Don’t Justify a Tax on Employers that Drive Up Demand for Housing

Writing in the New York Times, journalist E. Tammy Kim recently called for Seattle and other pricey, high-tech hubs to impose a special tax on Microsoft and other large employers of high-paid workers. Efficiency demands such a tax, she says, because those companies are imposing a negative externality: By driving up demand for housing, they ... Why Negative Externalities Don’t Justify a Tax on Employers that Drive Up Demand for Housing

Drug Prices and Distortions in the Pharmaceutical Market

Drug makers recently announced their 2019 price increases on over 250 prescription drugs. As examples, AbbVie Inc. increased the price of the world’s top-selling drug Humira by 6.2 percent, and Hikma Pharmaceuticals increased the price of blood-pressure medication Enalaprilat by more than 30 percent. Allergan reported an average increase across its portfolio of drugs of 3.5 percent; ... Drug Prices and Distortions in the Pharmaceutical Market

Tech Expertise in Congress, Additional Thoughts

I’m of two minds on the issue of tech expertise in Congress. Yes there is good evidence that members of Congress and Congressional staff don’t have broad technical expertise. Scholars Zach Graves and Kevin Kosar have detailed these problems, as well as Travis Moore who wrote, “Of the 3,500 legislative staff on the Hill, I’ve ... Tech Expertise in Congress, Additional Thoughts

The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry

Last week, Senator Orrin Hatch, Senator Thom Tillis, and Representative Bill Flores introduced the Hatch-Waxman Integrity Act of 2018 (HWIA) in both the Senate and the House of Representatives.  If enacted, the HWIA would help to ensure that the unbalanced inter partes review (IPR) process does not stifle innovation in the drug industry and jeopardize ... The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry

Increased e-cigarette regulation increases barriers to health

The Food and Drug Administration has spoken, and its words have, once again, ruffled many feathers. Coinciding with the deadline for companies to lay out their plans to prevent youth access to e-cigarettes, the agency has announced new regulatory strategies that are sure to not only make it more difficult for young people to access ... Increased e-cigarette regulation increases barriers to health

Drifting toward nonsense on EU vs. US competitiveness: The profits puzzle

A recent NBER working paper by Gutiérrez & Philippon has attracted attention from observers who see oligopoly everywhere and activists who want governments to more actively “manage” competition. The analysis in the paper is fundamentally flawed and should not be relied upon by policymakers, regulators, or anyone else. As noted in my earlier post, Gutiérrez ... Drifting toward nonsense on EU vs. US competitiveness: The profits puzzle

EU markets are more competitive than U.S. markets? Not so fast

A recent NBER working paper by Gutiérrez & Philippon attempts to link differences in U.S. and EU antitrust enforcement and product market regulation to differences in market concentration and corporate profits. The paper’s abstract begins with a bold assertion: Until the 1990’s, US markets were more competitive than European markets. Today, European markets have lower ... EU markets are more competitive than U.S. markets? Not so fast

UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, could have the sale of its products enjoined in the UK unless it enters into ... UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Vapor products, smoking, and harm reduction policies: Recent blog posts

Over the past few weeks, Truth on the Market has had several posts related to harm reduction policies, with a focus on tobacco, e-cigarettes, and other vapor products: Vapor products, harm reduction, and taxation: More questions than answers for a young and dynamic product market Applying harm reduction to smoking The political economy of vaping ... Vapor products, smoking, and harm reduction policies: Recent blog posts

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