The Archives

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

Showing archive for:  “Barriers to Entry”

Breaking up Amazon? Platforms, Private Labels and Entry

[This post is the first 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 Randal C. Picker, James Parker Hall Distinguished Service Professor of Law at The University of Chicago Law School] The European Commission just announced that it ... Breaking up Amazon? Platforms, Private Labels and Entry

What Zoom can tell us about network effects and competition policy in digital markets

Zoom, one of Silicon Valley’s lesser-known unicorns, has just gone public. At the time of writing, its shares are trading at about $65.70, placing the company’s value at $16.84 billion. There are good reasons for this success. According to its Form S-1, Zoom’s revenue rose from about $60 million in 2017 to a projected $330 ... What Zoom can tell us about network effects and competition policy in digital markets

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

Calm Down about Common Ownership

“Calm Down about Common Ownership” is the title of a piece Thom Lambert and I published in the Fall 2018 issue of Regulation, which just hit online. The article is a condensed version our recent paper, “The Case for Doing Nothing About Institutional Investors’ Common Ownership of Small Stakes in Competing Firms.” In short, we ... Calm Down about Common Ownership

Amazon-Whole Foods: The Speculation Then, the Evidence Today

Carl Shapiro, the government’s economics expert opposing the AT&T-Time Warner merger, seems skeptical of much of the antitrust populists’ Amazon rhetoric: "Simply saying that Amazon has grown like a weed, charges very low prices, and has driven many smaller retailers out of business is not sufficient. Where is the consumer harm?" On its face, there was nothing about the Amazon/Whole Foods merger that should have raised any antitrust concerns. While one year is too soon to fully judge the competitive impacts of the Amazon-Whole Foods merger, nevertheless, it appears that much of the populist antitrust movement’s speculation that the merger would destroy competition and competitors and impoverish workers has failed to materialize.

Lowering the Barriers to Entry to the Common Ownership Debate: A (Relatively) Non-Technical Explanation of MHHI Delta

One of the hottest topics in antitrust these days is institutional investors’ common ownership of the stock of competing firms. Large investment companies like BlackRock, Vanguard, State Street, and Fidelity offer index and actively managed mutual funds that are invested in thousands of companies. In many concentrated industries, these institutional investors are “intra-industry diversified,” meaning ... Lowering the Barriers to Entry to the Common Ownership Debate: A (Relatively) Non-Technical Explanation of MHHI Delta

The Tariff Act is indeed protectionist — and that’s how Congress wants it

Although not always front page news, International Trade Commission (“ITC”) decisions can have major impacts on trade policy and antitrust law. Scott Kieff, a former ITC Commissioner, recently published a thoughtful analysis of Certain Carbon and Alloy Steel Products — a potentially important ITC investigation that implicates the intersection of these two policy areas. Scott was ... The Tariff Act is indeed protectionist — and that’s how Congress wants it

The illiberal vision of neo-Brandeisian antitrust

Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill Kovacic, Nicolas Petit, and Christine Caffarra also spoke. If we’re lucky Bruce will post his remarks on the FTC website; they were very ... The illiberal vision of neo-Brandeisian antitrust

A Pro-Free Market Approach to Brexit Negotiations Is Key

The terms of the United Kingdom’s (UK) exit from the European Union (EU) – “Brexit” – are of great significance not just to UK and EU citizens, but for those in the United States and around the world who value economic liberty (see my Heritage Foundation memorandum giving the reasons why, here). If Brexit is ... A Pro-Free Market Approach to Brexit Negotiations Is Key

IMG-Learfield: An antitrust reality check on two-sided market mergers

Yesterday Learfield and IMG College inked their recently announced merger. Since the negotiations were made public several weeks ago, the deal has garnered some wild speculation and potentially negative attention. Now that the merger has been announced, it’s bound to attract even more attention and conjecture. On the field of competition, however, the market realities ... IMG-Learfield: An antitrust reality check on two-sided market mergers

The Present State and Future Prospects of the International Competition Network (ICN)

Introduction The International Competition Network (ICN), a “virtual” organization comprised of most of the world’s competition (antitrust) agencies and expert non-governmental advisors (NGAs), held its Sixteenth Annual Conference in Porto, Portugal from May 10-12. (I attended this Conference as an NGA.) Now that the ICN has turned “sweet sixteen,” a stocktaking is appropriate. The ICN ... The Present State and Future Prospects of the International Competition Network (ICN)