Showing archive for: “Consumer Welfare Standard”
The Charter-Cox Merger Should Sail Through, But Will It?
Charter Communications Inc. and Cox Communications Inc. have announced a plan to merge in a $34.5 billion deal. The transaction would create the nation’s largest cable operator, surpassing Comcast, with approximately 38 million subscribers across 46 states. Predictably, the proposal triggered concerns about cable-industry consolidation. Yet the reflexive anxiety about “big cable getting bigger” misses ... The Charter-Cox Merger Should Sail Through, But Will It?
When Do Rent Controls Help Renters?
Imagine you’re a renter in a city where housing costs are sky-high. When the city council passes a rent-control law capping rents below the market rate, it feels like a victory. Finally, some relief! Indeed, the first people to benefit are those lucky tenants whose rents are now frozen or reduced. But fast forward a ... When Do Rent Controls Help Renters?
From A to Y: Antitrust Notes from the ABA and Y Combinator
April 4 marked the end of a notable week in global competition policy. The American Bar Association’s (ABA) Antitrust Section held its annual spring meeting, while Y Combinator hosted a virtual “Little Tech Competition Summit.” At the same time, Congress held two competition hearings, the U.S. Justice Department (DOJ) hosted an event on competition and ... From A to Y: Antitrust Notes from the ABA and Y Combinator
Firing Independent Agency Leaders – Good Law, Sound Policy
President Donald Trump dismissed Alvaro Bedoya and Rebecca Slaughter last month as members of the Federal Trade Commission (FTC), citing his authority under Article II of the U.S. Constitution. The two former commissioners responded that the dismissals were illegal and that they would sue for reinstatement. It is likely that, after all the litigation dust ... Firing Independent Agency Leaders – Good Law, Sound Policy
The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Gustavo, could you please tell us a bit about yourself and your professional background? I’m a law practitioner with a master’s degree in law and public policy, specializing in constitutional and administrative law. I served as a federal attorney and litigator before the Brazilian Supreme Court and was appointed by the attorney general as the ... The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
What Changes Might, and Should, a New FTC Majority Bring?
The question on everyone’s mind—that is, for those in antitrust law and economics, the question on everyone’s mind that’s about antitrust—is this: Where do we go from here? As it happens, the International Center for Law & Economics (ICLE) recently hosted a panel discussion on precisely that question. ICLE’s Geoff Manne moderated an excellent discussion ... What Changes Might, and Should, a New FTC Majority Bring?
Is Brazil’s Digital Markets Proposal Based on Genuine Consensus or Unproven Narrative?
A popular narrative has emerged in Brazil in recent years about the “genuine consensus” supporting the need for more stringent regulation of digital markets. This narrative has been fueled by a growing number of cases of alleged anticompetitive conduct by so-called “global mega-corporations,” including the Mercado Livre/Apple case and the more recent Meta/Apple case. The ... Is Brazil’s Digital Markets Proposal Based on Genuine Consensus or Unproven Narrative?
Can Antitrust Promote Competitiveness?
The major Western industrialized nations have experienced dramatically slower economic growth in recent decades. This slowdown has been particularly pronounced in the EU, though the United States has suffered, as well. Regulatory, tax, trade, and energy policy reforms that reduce market distortions and provide incentives for investment, production, and innovation could substantially address this problem. Recalibrating antitrust law (called ... Can Antitrust Promote Competitiveness?
Beyond Market Definition: Key Economic Concepts in FTC v Amazon
The Federal Trade Commission’s (FTC) antitrust suit against Amazon, originally filed in October 2023, is scheduled for trial in October 2026. While we’ve previously explored the market-definition questions at the center of this case, several other economic concepts will be equally important in determining whether Amazon has violated antitrust laws. Ahead of a scheduled March ... Beyond Market Definition: Key Economic Concepts in FTC v Amazon
The FTC Shouldn’t Turn Back the Clock on Merger Analysis
In a recent memo to staff of the Federal Trade Commission (FTC), Chairman Andrew Ferguson explained that they should continue using the merger guidelines that the FTC and U.S. Justice Department Antitrust Division adopted jointly in 2023. Ferguson’s memo noted that “the clear lesson of history is that we should prize stability” in merger policy. ... The FTC Shouldn’t Turn Back the Clock on Merger Analysis
The FTC Should Consider Ditching Antitrust Cases that Harm American Consumers
At the tail end of the Biden administration, the Federal Trade Commission (FTC) authorized two Robinson-Patman Act (RPA) lawsuits—one each dealing with liquor and soft-drink distribution discounts—that, if pursued, are likely to harm American consumers while wasting scarce government prosecutorial resources. The new FTC leadership may wish to consider withdrawing these cases and deemphasizing the ... The FTC Should Consider Ditching Antitrust Cases that Harm American Consumers
Five Key Lessons from Abroad for the UK CMA’s Google Search Probe
In the first investigation conducted under the new ex-ante regulatory framework established by the Digital Markets, Competition and Consumers Act (DMCC), the United Kingdom’s Competition and Markets Authority (CMA) is seeking to ascertain whether Google has “strategic market status” (SMS) in the search and search-advertising-services markets. The CMA is also tasked with weighing whether ex-ante ... Five Key Lessons from Abroad for the UK CMA’s Google Search Probe