Showing archive for: “DOJ”
Antitrust at the Agencies Roundup: Rounding up the Roundups
It’s Not All About Price, Except When We Say So I don’t know if this is the end of an era, the end of an error, a bit of both, or something far more complicated than that, but let’s start with Federal Trade Commission (FTC) Commissioner Melissa Holyoak’s dissent in In the Matter of Southern ... Antitrust at the Agencies Roundup: Rounding up the Roundups
DOJ’s Not-so-Modest Proposal
The U.S. Justice Department (DOJ) late last month filed its much-anticipated initial proposed final judgment in the Google Search antitrust case. The proposal—to use a bit of baseball parlance—swung for the fences. Maybe they’ll get a hit, or maybe even a home run. Or not. Dodgers superstar Shohei Ohtani hit a whopping 54 home runs ... DOJ’s Not-so-Modest Proposal
Forced Sharing: Stepping Stones or Stumbling Blocks?
Recent headlines about the U.S. Justice Department’s (DOJ) antitrust case targeting Google Search echo a familiar policy script. In a recent Wall Street Journal op-ed, Thomas Lenard and Scott Wallsten warn that forcing Google to share its technology could undermine innovation—a lesson they say we should have learned from telecommunications policy decades ago. In 1996, ... Forced Sharing: Stepping Stones or Stumbling Blocks?
Reclaiming Antitrust
The United States is the birthplace of antitrust, starting with the enactment of the Sherman Antitrust Act in 1890. During the late 19th and early 20th century, cartels were common in Europe, while U.S. antitrust enforcers unraveled them. Only after World War II did European countries incrementally adopt competition law in various forms. Since that ... Reclaiming Antitrust
Why Trump May Consolidate Federal Antitrust Enforcement
President-elect Donald Trump’s new “Department of Government Efficiency” has been tasked with providing advice and guidance on reducing government waste and restructuring federal agencies. One act of restructuring that may warrant consideration would involve consolidating all federal antitrust enforcement within the U.S. Justice Department (DOJ). There are strong arguments that this would reduce waste. In addition, ... Why Trump May Consolidate Federal Antitrust Enforcement
Why It May Be Time to Consider a Merger Policy Reset in 2025
The Biden administration’s federal antitrust regulators—the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC)—have been widely perceived as actively discouraging mergers and acquisitions. This reflects the rejection of a longstanding bipartisan understanding that government would only oppose proposed M&A transactions that are likely to harm competition. The Biden approach arguably threatens to harm the ... Why It May Be Time to Consider a Merger Policy Reset in 2025
Clarifying Antitrust Law by Straightening Teeth
More than a century ago, the U.S. Supreme Court held that the Sherman Act does not interfere with the “unquestioned right to stop dealing,” but the legacy of the Aspen Skiing is that terminating voluntary cooperation with a rival can give rise to liability. A case now on appeal could determine whether the “right to ... Clarifying Antitrust Law by Straightening Teeth
The FTC World Keeps On Turning
You’re no doubt aware that we’ve had a presidential election since my last column. Agency news seems pallid, in comparison, but those of you who’ve come here looking for deep insights into what it all means are liable to be disappointed, not to mention zero in number. “The Meaning of Life” is a movie by ... The FTC World Keeps On Turning
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
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
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
