Showing archive for: “Consumer Welfare Standard”
Assessing the Government’s Monopolization Case Against Visa
The U.S. Justice Department (DOJ) has initiated an antitrust monopolization case against Visa for various practices related to its debit-card services. The complaint centers on two primary theories of harm. The first is that Visa offers volume discounts in a manner that locks in merchant banks (or “acquirers”) into Visa’s debit-card network, which deprives rival ... Assessing the Government’s Monopolization Case Against Visa
The View from India: A TOTM Q&A with Shivanghi Sukumar
Could you tell us a bit about your background and how you got interested in digital competition regulation? I am a competition lawyer, and have been practicing competition law in India since the early days of its enforcement. A big part of my work has been related to the enforcement of behavioral provisions, and I’ve ... The View from India: A TOTM Q&A with Shivanghi Sukumar
Weighing DOJ’s Proposed Remedies for Google’s Monopolization
The U.S. Justice Department (DOJ) has proposed remedies to a federal judge who held that Google illegally monopolized web search. In reviewing the DOJ’s recommendations, the judge should take into account the downsides of particular remedies, as well as their potential benefits. The judge should be careful not to impose remedies that could reduce innovation ... Weighing DOJ’s Proposed Remedies for Google’s Monopolization
A Tale of Two App Stores
Dueling federal antitrust holdings dealing with app stores could have significant impacts on the future of competition in mobile-internet services. Going forward, antitrust policy in this area should focus on promoting consumer welfare and innovation, rather than the interests of particular competitors. App Store Basics Google and Apple compete vigorously for consumer favor in smartphones. ... A Tale of Two App Stores
Antitrust at the Agencies: PBM Madness at the FTC, Part 2
As I noted in my last post, the Federal Trade Commission (FTC) announced Sept. 20 that it had filed a complaint: against the three largest prescription drug benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and OptumRx—and their affiliated group purchasing organizations (GPOs) for engaging in anticompetitive and unfair rebating practices that have artificially inflated the ... Antitrust at the Agencies: PBM Madness at the FTC, Part 2
Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be
Inspired by the European Union’s Digital Markets Act (DMA), a growing number of jurisdictions around the globe either have adopted or are considering adopting frameworks of preemptive digital-competition rules (DCRs) that would more closely regulate the business models of such platforms as Google’s search engine and Amazon’s e-commerce business. The Turkish government may soon join ... Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be
FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
My last post highlighted a July 2024 Federal Trade Commission (FTC) interim staff report that was critical of pharmaceutical benefit managers (PBMs)—so-called “middlemen” firms that specialize in negotiating with drugmakers for rebates on the list prices of drugs. I explained that the interim report’s analysis is at odds with economic research that delineates the substantial economic benefits ... FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
You’ve been involved in antitrust issues at major tech companies for decades. How has the approach to antitrust changed over time, both from the company perspective and the regulatory side? The evolution has been significant. When I started at IBM in the 1970s, we were in the midst of a 13-year U.S. Justice Department (DOJ) ... Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
Deregulatory Reform, Not Antitrust, Is Key to A Vibrant US Economy
The Biden administration has emphasized “antitrust on steroids” and intrusive regulation as key elements of its economic policy. This has been counterproductive. Federal enforcers should return to prior bipartisan, less-interventionist consumer-oriented antitrust. On a parallel track, the federal government should focus on deregulatory reform to drive a competitively vibrant, faster-growing American economy. Biden Antitrust Has ... Deregulatory Reform, Not Antitrust, Is Key to A Vibrant US Economy
Justice Department’s Google Adtech Antitrust Suit Does Not Add Up
The trial of the U.S. Justice Department’s (DOJ) “adtech” antitrust lawsuit against Google kicked off Sept. 9 in U.S. District Court in Alexandria, Virginia. In a nutshell, the DOJ (joined by 17 states) argues that Google illegally monopolized key digital-advertising technologies through a variety of anticompetitive tactics. But the DOJ will find it difficult to ... Justice Department’s Google Adtech Antitrust Suit Does Not Add Up
Between a TikTok and a Hard Place: Products Liability, Section 230, and the First Amendment
With the 3rd U.S. Circuit Court of Appeals’ recent decision in Anderson v. TikTok, it’s time to revisit the interplay between the First Amendment’s right to editorial discretion, Section 230 immunity, and children’s online safety in the context of algorithms. As has been noted many times, the use of algorithmic recommendations is ubiquitous online. And ... Between a TikTok and a Hard Place: Products Liability, Section 230, and the First Amendment
Big Federal Antitrust Cases Heat Up
The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) are advancing two major antitrust cases that will have significant implications for the American public. The DOJ, joined by eight states, announced Aug. 23 that it was suing RealPage Inc. for an “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize ... Big Federal Antitrust Cases Heat Up
