Showing archive for: “Efficiencies”
‘The Economics of the Marriage Contract: Theories and Evidence,’ by Niko Matouschek and Imran Rasul
Marriage is a natural subject for law & economics scholars. From Gary Becker’s “A Treatise on the Family” (1981) to Margaret Brinig’s “From Contract to Covenant” (2000), scholars have expanded our understanding of romantic love by examining it through an economic lens. Some object that bringing law & economics into marriage risks coarsening and cheapening ... ‘The Economics of the Marriage Contract: Theories and Evidence,’ by Niko Matouschek and Imran Rasul
Your Price May Vary: The FTC’s Personalized-Pricing Puzzle
A price that knows your name may be creepy. It may also be a bargain. That ambiguity sits at the heart of the Federal Trade Commission’s (FTC) proposed enforcement policy statement on personalized pricing, which opens with a candid admission: The practice is “not well understood,” and its effects on consumers remain “unclear.” That uncertainty ... Your Price May Vary: The FTC’s Personalized-Pricing Puzzle
In Space, No One Can See Your HHI
Two rocket companies walk into an antitrust review. They leave as a de facto monopoly. And somehow, the punchline may be that this was good for consumers, taxpayers, and maybe even competition. A little context. In 2006, Boeing and Lockheed Martin combined their launch divisions into a joint venture called United Launch Alliance (ULA). That’s ... In Space, No One Can See Your HHI
Nobel Prize Winners’ Work Supports Dynamic Antitrust Enforcement
Antitrust should center on dynamic market forces that drive major technological change, rather than on static “big is bad” market analysis, based on the work of the 2025 economics Nobel Prize winners. Antitrust enforcers in the United States and around the world could benefit by incorporating these insights into their policy development. Focus on Dynamic ... Nobel Prize Winners’ Work Supports Dynamic Antitrust Enforcement
M&A Enforcement Easing Under the Trump Administration
The federal antitrust agencies appear to be easing up on merger enforcement, ditching a Biden administration policy of discouraging mergers. This change in direction could promote enhanced American innovation and economic growth. M&A Economic Benefits Mergers and acquisitions (M&A) generate various major economic benefits: They reallocate badly managed commercial assets to higher-valued uses, raising business ... M&A Enforcement Easing Under the Trump Administration
The DOJ May Consider Dropping Its HPE-Juniper Networks Merger Challenge
The U.S. Justice Department’s (DOJ) challenge to HPE’s proposed acquisition of Juniper Networks signals a concerning trend in merger enforcement that could undermine American economic vitality in a crucial high-tech sector. While regulatory scrutiny of consolidations is vital, a blanket skepticism toward merger activity—particularly one that overlooks significant procompetitive benefits—risks stifling innovation and weakening the very ... The DOJ May Consider Dropping Its HPE-Juniper Networks Merger Challenge
The State of US Merger Policy and the Pending HPE/Juniper Trial
Now that the dust has settled on President Donald Trump’s antitrust appointments, we are witnessing greater clarity on the new administration’s priorities and focus. Despite the hand wringing over content moderation and tech-censorship inquiries, what may be missed are substantial changes that are happening in merger policy and enforcement. While not as headline grabbing as ... The State of US Merger Policy and the Pending HPE/Juniper Trial
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
Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?
The U.S. Justice Department (DOJ) announced yesterday that it has filed suit, along with 29 states and the District of Columbia, charging Live Nation Entertainment Inc. and its subsidiary Ticketmaster LLC with monopolizing the live-events industry in violation of Section 2 of the Sherman Act. The suit, filed in the U.S. District Court for the ... Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?
DOJ’s Case Against Apple: Beware of Forcing ‘Efficiencies’
The U.S. Justice Department’s (DOJ) recent complaint charging Apple with monopolizing smartphone markets is, according to Assistant U.S. Attorney General Jonathan Kanter, intended as a contribution to the agency’s “enduring legacy of taking on the biggest and toughest monopolies in history.” Unfortunately, the case has fundamental weaknesses in its assessment of both Apple’s alleged monopoly ... DOJ’s Case Against Apple: Beware of Forcing ‘Efficiencies’
Four Problems with the Supreme Court’s Refusal To Hear the Epic v Apple Dispute
The U.S. Supreme Court this week rejected both parties’ petitions for certiorari in appeals of the 9th U.S. Circuit Court of Appeals’ Epic Games v Apple decision. Many observers—including Epic CEO Tim Sweeney—have marked this as an unmitigated loss for Epic. That’s partly right. The district court had correctly rejected Epic’s federal antitrust claims against ... Four Problems with the Supreme Court’s Refusal To Hear the Epic v Apple Dispute
The Porcine 2023 Merger Guidelines (The Pig Still Oinks)
Well, they have done it. On Dec. 18, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) issued their final 2023 merger guidelines, as an early New Year’s gift (nicely sandwiched between Hanukkah, which ended Dec. 15, and Christmas) of the porcine sort. The two agencies try to put lipstick on this pig by ... The Porcine 2023 Merger Guidelines (The Pig Still Oinks)
