The Archives

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

Showing archive for:  “Economics”

Recent Antitrust and Regulatory Changes Both Unravel the Consensus

Presidential administrations over the last 50 years have pursued widely varying policy goals, but they have agreed—at least, in principle—that policies should be efficient and improve social welfare. Now, the Biden administration is taking steps to unravel that bipartisan consensus. We focus on different policy areas (Dudley on regulation and Sullivan on antitrust) and are ... Recent Antitrust and Regulatory Changes Both Unravel the Consensus

The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?

In less than two and a half years, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) have undone more than two decades of work aimed at moving global competition law toward an economics-friendly consumer welfare standard. In tandem with foreign competition authorities, the U.S. antitrust agencies are now cooperating in an effort to ... The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?

The FTC Tacks Into the Gale, Battening No Hatches: Part 1

The Evolution of FTC Antitrust Enforcement – Highlights of Its Origins and Major Trends 1910-1914 – Creation and Launch The election of 1912, which led to the creation of the Federal Trade Commission (FTC), occurred at the apex of the Progressive Era. Since antebellum times, Grover Cleveland had been the only Democrat elected as president. ... The FTC Tacks Into the Gale, Battening No Hatches: Part 1

Right to Anonymous Speech, Part 3: Anonymous Speech and Age-Verification Laws

An issue that came up during a terrific panel that I participated in last Thursday—organized by the Federalist Society’s Regulatory Transparency Project—was whether age-verification laws for social-media use infringed on a First Amendment right of either adults or minors to receive speech anonymously. My co-panelist Clare Morell of the Ethics and Public Policy Center put ... Right to Anonymous Speech, Part 3: Anonymous Speech and Age-Verification Laws

Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations

I participated yesterday in a webinar panel hosted by the Federalist Society’s Regulatory Transparency Project. The video was livestreamed at YouTube. Below, I offer my opening remarks, with some links. Thank you for having me. As mentioned, I’m a senior scholar in innovation policy at the International Center for Law & Economics (ICLE). This means ... Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations

Are Markups Really SO Bad?

Concentration is a terrible measure of [insert basically anything people actually care about]. Have I said that before? Concentration tells us nothing about market power, efficiency, or whether policy changes can do anything to increase welfare. Economists know that, especially industrial organization (IO) economists. If we want to measure market power for a seller, a better measure is ... Are Markups Really SO Bad?

Competition Increases Concentration

A market with 1,000 tiny sellers is not some ideal market. Concentration can be extremely beneficial, leading to economies of scale and stiffer competition to win a big share of the market. Yet the Federal Trade Commission (FTC) and U.S. Justice Department’s (DOJ) draft merger guidelines double down on the idea that concentration is inherently a problem. ... Competition Increases Concentration

What Is a Barrier to Entry?

Why do monopolies exist? Many textbooks point to barriers to entry as a cause of monopolies. Tyler Cowen and Alex Tabarrok’s textbook says: “In addition to patents, government regulation and economies of scale, monopolies may be created whenever there is a significant barrier to entry, something that raises the cost to new firms of entering the industry.” ... What Is a Barrier to Entry?

How Much Information Do Markets Require?

One of the biggest names in economics, Daron Acemoglu, recently joined the mess that is Twitter. He wasted no time in throwing out big ideas for discussion and immediately getting tons of, let us say, spirited replies. One of Acemoglu’s threads involved a discussion of F.A. Hayek’s famous essay “The Use of Knowledge in Society,” wherein ... How Much Information Do Markets Require?

The Law & Economics of Children’s Online Safety: The First Amendment and Online Intermediary Liability

Legislation to secure children’s safety online is all the rage right now, not only on Capitol Hill, but in state legislatures across the country. One of the favored approaches is to impose on platforms a duty of care to protect teen users. For example, Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) have reintroduced the Kid’s ... The Law & Economics of Children’s Online Safety: The First Amendment and Online Intermediary Liability

What the European Commission’s More Interventionist Approach to Exclusionary Abuses Could Mean for EU Courts and for U.S. States

The European Commission on March 27 showered the public with a series of documents heralding a new, more interventionist approach to enforce Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits “abuses of dominance.” This new approach threatens more aggressive, less economically sound enforcement of single-firm conduct in Europe. ... What the European Commission’s More Interventionist Approach to Exclusionary Abuses Could Mean for EU Courts and for U.S. States

When Bad Antitrust Costs Lives: The Illumina/GRAIL Tragedy

Regrettably, but not unexpectedly, the Federal Trade Commission (FTC) yesterday threw out a reasoned decision by its administrative law judge and ordered DNA-sequencing provider Illumina Inc. to divest GRAIL Inc., makers of a multi-cancer early detection (MCED) test. The FTC claims that this vertical merger would stifle competition and innovation in the U.S. market for ... When Bad Antitrust Costs Lives: The Illumina/GRAIL Tragedy