Showing archive for: “Antitrust Populism”
The Capitalist’s Lived Experience
Speaking about his new book in a ProMarket interview, David Dayen inadvertently captures what is perhaps the essential disconnect between antitrust reformers (populists, neo-Brandeisians, hipsters, whatever you may call them) and those of us who are more comfortable with the antitrust status quo (whatever you may call us). He says: “The antitrust doctrine that we’ve ... The Capitalist’s Lived Experience
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?
Politics Has No Place in Antitrust Enforcement, Left or Right
The goal of US antitrust law is to ensure that competition continues to produce positive results for consumers and the economy in general. We published a letter co-signed by twenty three of the U.S.’s leading economists, legal scholars and practitioners, including one winner of the Nobel Prize in economics (full list of signatories here), to ... Politics Has No Place in Antitrust Enforcement, Left or Right
The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Geoffrey A. Manne, (President, ICLE; Distinguished Fellow, Northwestern University Center on Law, Business, and Economics); and Dirk Auer, (Senior Fellow ... The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?
We Should Not Have Our Constitution Redesigned by Antitrust Lawyers
[TOTM: The following is the sixth 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 Kristian Stout, Associate Director at the International Center for Law & Economics. There is a push underway to punish big tech ... We Should Not Have Our Constitution Redesigned by Antitrust Lawyers
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?
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
Rising Concentration, Rising Prices: Not So Fast
Wall Street Journal commentator, Greg Ip, reviews Thomas Philippon’s forthcoming book, The Great Reversal: How America Gave Up On Free Markets. Ip describes a “growing mountain” of research on industry concentration in the U.S. and reports that Philippon concludes competition has declined over time, harming U.S. consumers. In one example, Philippon points to air travel. ... Rising Concentration, Rising Prices: Not So Fast
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
Why Don’t People Talk About Breaking Up Microsoft?
[This post is the seventh in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by Alec Stapp, Research Fellow at the International Center for Law & Economics] Should we break up Microsoft? In all the talk of breaking up “Big Tech,” ... Why Don’t People Talk About Breaking Up Microsoft?
Should We Break Up Big Tech? A Look Behind the (Political) Scenes
[This post is the sixth in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by Thibault Schrepel, Faculty Associate at the Berkman Center at Harvard University and Assistant Professor in European Economic Law at Utrecht University School of Law.] The pretense ... Should We Break Up Big Tech? A Look Behind the (Political) Scenes
Big Tech and Antitrust
[This post is the third in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by John E. Lopatka, Robert Noll Distinguished Professor of Law, School of Law, The Pennsylvania State University] Big Tech firms stand accused of many evils, and ... Big Tech and Antitrust
