Showing archive for: “EU”
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law
The German Bundeskartellamt's Facebook decision is unsound from either a competition or privacy policy perspective, and will only make the fraught privacy/antitrust relationship worse.
Drifting toward nonsense on EU vs. US competitiveness: The profits puzzle
A recent NBER working paper by Gutiérrez & Philippon has attracted attention from observers who see oligopoly everywhere and activists who want governments to more actively “manage” competition. The analysis in the paper is fundamentally flawed and should not be relied upon by policymakers, regulators, or anyone else. As noted in my earlier post, Gutiérrez ... Drifting toward nonsense on EU vs. US competitiveness: The profits puzzle
EU markets are more competitive than U.S. markets? Not so fast
A recent NBER working paper by Gutiérrez & Philippon attempts to link differences in U.S. and EU antitrust enforcement and product market regulation to differences in market concentration and corporate profits. The paper’s abstract begins with a bold assertion: Until the 1990’s, US markets were more competitive than European markets. Today, European markets have lower ... EU markets are more competitive than U.S. markets? Not so fast
A brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT
An important but unheralded announcement was made on October 10, 2018: The European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) released a draft CEN CENELAC Workshop Agreement (CWA) on the licensing of Standard Essential Patents (SEPs) for 5G/Internet of Things (IoT) applications. The final agreement, due to be published in ... A brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT
UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION
Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, could have the sale of its products enjoined in the UK unless it enters into ... UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION
The Amazon investigation and Europe’s “Big Tech” Crusade
The dust has barely settled on the European Commission’s record-breaking €4.3 Billion Google Android fine, but already the European Commission is gearing up for its next high-profile case. Last month, Margrethe Vestager dropped a competition bombshell: the European watchdog is looking into the behavior of Amazon. Should the Commission decide to move further with the ... The Amazon investigation and Europe’s “Big Tech” Crusade
Reflections on the recent filings in Qualcomm/FTC dispute
On Monday, the U.S. Federal Trade Commission and Qualcomm reportedly requested a 30 day delay to a preliminary ruling in their ongoing dispute over the terms of Qualcomm’s licensing agreements–indicating that they may seek a settlement. The dispute raises important issues regarding the scope of so-called FRAND (“fair reasonable and non-discriminatory”) commitments in the context ... Reflections on the recent filings in Qualcomm/FTC dispute
E-cigarette taxation: Lessons from “sin taxes”
The Economist takes on “sin taxes” in a recent article, “‘Sin’ taxes—eg, on tobacco—are less efficient than they look.” The article has several lessons for policy makers eyeing taxes on e-cigarettes and other vapor products. Historically, taxes had the key purpose of raising revenues. The “best” taxes would be on goods with few substitutes (i.e., ... E-cigarette taxation: Lessons from “sin taxes”
The European Commission’s Google Android decision takes a mistaken, ahistorical view of the smartphone market
What to make of Wednesday’s decision by the European Commission alleging that Google has engaged in anticompetitive behavior? In this post, I contrast the European Commission’s (EC) approach to competition policy with US antitrust, briefly explore the history of smartphones and then discuss the ruling. Asked about the EC’s decision the day it was announced, ... The European Commission’s Google Android decision takes a mistaken, ahistorical view of the smartphone market
Will the European Commission’s Google Android Decision Benefit Consumers?
By Pinar Akman, Professor of Law, University of Leeds* The European Commission’s decision in Google Android cuts a fine line between punishing a company for its success and punishing a company for falling afoul of the rules of the game. Which side of the line it actually falls on cannot be fully understood until the ... Will the European Commission’s Google Android Decision Benefit Consumers?
The EU’s Google Android antitrust decision falls prey to the nirvana fallacy
Today the European Commission launched its latest salvo against Google, issuing a decision in its three-year antitrust investigation into the company’s agreements for distribution of the Android mobile operating system. The massive fine levied by the Commission will dominate the headlines, but the underlying legal theory and proposed remedies are just as notable — and ... The EU’s Google Android antitrust decision falls prey to the nirvana fallacy
Why the EU’s Google Android Antitrust Fine May Harm R&D and Innovation
Regardless of which standard you want to apply to competition law – consumer welfare, total welfare, hipster, or redneck antitrust – it’s never good when competition/antitrust agencies are undermining innovation. Yet, this is precisely what the European Commission is doing. Today, the agency announced a €4.34 billion fine against Alphabet (Google). It represents more than ... Why the EU’s Google Android Antitrust Fine May Harm R&D and Innovation
