Showing results for: “sirius xm merger”
How Chairman Pai Restored the FCC’s Independence
Chairman Ajit Pai will be remembered as one of the most consequential Federal Communications Commission chairmen in history. His policy accomplishments are numerous, including the repeal of Title II regulation of the internet, rural broadband development, increased spectrum for 5G, decreasing waste in universal service funding, and better controlling robocalls. Less will be said about ... How Chairman Pai Restored the FCC’s Independence
The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?
The U.S. Department of Justice’s (DOJ) antitrust case against Google, which was filed in October 2020, will be a tough slog.[1] It is an alleged monopolization (Sherman Act, Sec. 2) case; and monopolization cases are always a tough slog. In this brief essay I will lay out some of the issues in the case and raise ... The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?
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?
Facebook and the Pros and Cons of Ex Post Merger Reviews
The Federal Trade Commission and 46 state attorneys general (along with the District of Columbia and the Territory of Guam) filed their long-awaited complaints against Facebook Dec. 9. The crux of the arguments in both lawsuits is that Facebook pursued a series of acquisitions over the past decade that aimed to cement its prominent position ... Facebook and the Pros and Cons of Ex Post Merger Reviews
The Limits of Rivalry
I am left wondering, however, if he’s misdiagnosed the problem – or at least whether the cure he offers would be seen as sufficient by those most vocally asserting that antitrust is failing. And, of course, I recognize that his objective in writing this book is not to bring harmony to a deeply divided debate, ... The Limits of Rivalry
The Dangerous Implications of Changing Antitrust Presumptions
One of the key recommendations of the House Judiciary Committee’s antitrust report which seems to have bipartisan support (see Rep. Buck’s report) is shifting evidentiary burdens of proof to defendants with “monopoly power.” These recommended changes are aimed at helping antitrust enforcers and private plaintiffs “win” more. The result may well be more convictions, more ... The Dangerous Implications of Changing Antitrust Presumptions
It’s All About What We Don’t Know
Nicolas Petit’s Big Tech and the Digital Economy: The Moligopoly Scenario provides an insightful and valuable antidote to this unease. While neither Panglossian nor comprehensive, Petit’s analysis persuasively argues that some of the concerns about the platforms are misguided or at least overstated. As Petit sees it, the platforms are not so much monopolies in ... It’s All About What We Don’t Know
A Law & Economics Perspective on Ruth Bader Ginsburg
With the passing of Justice Ruth Bader Ginsburg, many have already noted her impact on the law as an advocate for gender equality and women’s rights, her importance as a role model for women, and her civility. Indeed, a key piece of her legacy is that she was a jurist in the classic sense of ... A Law & Economics Perspective on Ruth Bader Ginsburg
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
How does antitrust measure nonprice effects like political bias?
In the latest congressional hearing, purportedly analyzing Google’s “stacking the deck” in the online advertising marketplace, much of the opening statement and questioning by Senator Mike Lee and later questioning by Senator Josh Hawley focused on an episode of alleged anti-conservative bias by Google in threatening to demonetize The Federalist, a conservative publisher, unless they ... How does antitrust measure nonprice effects like political bias?
Will Montesquieu Rescue Antitrust?
In an age of antitrust populism on both ends of the political spectrum, federal and state regulators face considerable pressure to deploy the antitrust laws against firms that have dominant market shares. Yet federal case law makes clear that merely winning the race for a market is an insufficient basis for antitrust liability. Rather, any ... Will Montesquieu Rescue Antitrust?
Introducing TOTM’s newest blogger Professor Jonathan M. Barnett
We’re delighted to welcome Jonathan M. Barnett as our newest blogger at Truth on the Market. Jonathan Barnett is director of the USC Gould School of Law Media, Entertainment and Technology Law Program. Barnett specializes in intellectual property, contracts, antitrust, and corporate law. He has published in the Harvard Law Review, Yale Law Journal, Journal of ... Introducing TOTM’s newest blogger Professor Jonathan M. Barnett
