The Archives

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

Showing archive for:  “EU”

Rising Concentration: Drifters Followup Is Worse Than the Original

Germán Gutiérrez and Thomas Philippon have released a major rewrite of their paper comparing the U.S. and EU competitive environments.  Although the NBER website provides an enticing title — “How European Markets Became Free: A Study of Institutional Drift” — the paper itself has a much more yawn-inducing title: “How EU Markets Became More Competitive ... Rising Concentration: Drifters Followup Is Worse Than the Original

The Epic Flaws of Epic’s Antitrust Gambit

Much has already been said about the twin antitrust suits filed by Epic Games against Apple and Google. For those who are not familiar with the cases, the game developer – most famous for its hit title Fortnite and the “Unreal Engine” that underpins much of the game (and movie) industry – is complaining that ... The Epic Flaws of Epic’s Antitrust Gambit

On the Origin of Platforms: An Evolutionary Perspective

Hardly a day goes by without news of further competition-related intervention in the digital economy. The past couple of weeks alone have seen the European Commission announce various investigations into Apple’s App Store (here and here), as well as reaffirming its desire to regulate so-called “gatekeeper” platforms. Not to mention the CMA issuing its final ... On the Origin of Platforms: An Evolutionary Perspective

EU General Court Sends a Maverick Packing

Last month the EU General Court annulled the EU Commission’s decision to block the proposed merger of Telefónica UK by Hutchison 3G UK.  It what could be seen as a rebuke of the Directorate-General for Competition (DG COMP), the court clarified the proof required to block a merger, which could have a significant effect on ... EU General Court Sends a Maverick Packing

We Need to Talk About Privacy Absolutism

Privacy absolutism is the misguided belief that protecting citizens’ privacy supersedes all other policy goals, especially economic ones. This is a mistake. Privacy is one value among many, not an end in itself. Unfortunately, the absolutist worldview has filtered into policymaking and is beginning to have very real consequences. Readers need look no further than ... We Need to Talk About Privacy Absolutism

Privacy in the Time of Covid-19

I type these words while subject to a stay-at-home order issued by West Virginia Governor James C. Justice II. “To preserve public health and safety, and to ensure the healthcare system in West Virginia is capable of serving all citizens in need,” I am permitted to leave my home only for a limited and precisely ... Privacy in the Time of Covid-19

Flattening the Curve without Squashing Society: Market Responses to COVID-19

The COVID-19 pandemic is changing the way consumers shop and the way businesses sell. These shifts in behavior, designed to “flatten the curve” of infection through social distancing, are happening across many (if not all) markets. But in many cases, it’s impossible to know now whether these new habits are actually achieving the desired effect.  ... Flattening the Curve without Squashing Society: Market Responses to COVID-19

COVID-19 Exposes the Shallowness of Our Privacy Theories

The importance of testing and contact tracing to slow the spread of the novel coronavirus and resume normal life is now well established. The difference between the communities that do it and the ones that don’t is disturbingly grim (see, e.g., South Korea versus Italy). In a large population like the U.S., contact tracing and ... COVID-19 Exposes the Shallowness of Our Privacy Theories

The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?

[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Geoffrey A. Manne, (President, ICLE; Distinguished Fellow, Northwestern University Center on Law, Business, and Economics); and Dirk Auer, (Senior Fellow ... The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?

What Has Big Tech Ever Done for Us? Part Two

[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Dirk Auer, (Senior Researcher, Liege Competition & Innovation Institute; Senior Fellow, ICLE).] Across the globe, millions of ... What Has Big Tech Ever Done for Us? Part Two

“You don’t get to be the umpire and have a team”: should we regulate the activities of digital platforms in neighboring markets?

This guest post is by Patrick Todd, an England-qualified solicitor and author on competition law/policy in digital markets. The above quote is not about Democrat-nominee hopeful Elizabeth Warren’s policy views on sport. It is in fact an analogy to her proposal of splitting Google, Amazon, Facebook and Apple (“GAFA”) apart from their respective ancillary lines ... “You don’t get to be the umpire and have a team”: should we regulate the activities of digital platforms in neighboring markets?

Making Sense of the Google Android Decision (part 4): The Commission’s Economic Analysis

This is the fourth, and last, in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here, and the second here, and the third here). It draws on research from a soon-to-be published ICLE white paper. The previous parts of this series have mostly ... Making Sense of the Google Android Decision (part 4): The Commission’s Economic Analysis