The Archives

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

Showing archive for:  “EU”

The Case Against the Antitrust Case Against Google

We have just uploaded to SSRN a draft of our article assessing the economics and the law of the antitrust case directed at the core of Google’s business:  Its search and search advertising platform.  The article is Google and the Limits of Antitrust: The Case Against the Antitrust Case Against Google.  This is really the ... The Case Against the Antitrust Case Against Google

The dark side of altruism

Have you ever been tempted to buy a beggar a cup of coffee or a sandwich instead of giving money? If so, you have, like a young Anakin Skywalker, taken your first step to the dark side of altruism. Don’t get me wrong, I’ve been there too. The reason I offered food instead of (money ... The dark side of altruism

Breaking Antitrust News: Imposing Duty to Promote Rivals Helps Rivals

From the AP: Norway’s Opera said Thursday that downloads of its browser more than doubled after Microsoft Corp. was forced to give European users a choice of Web software to settle European Union antitrust charges.  Microsoft started sending updates to Windows computers in Europe in early March that launches a pop-up screen telling them to ... Breaking Antitrust News: Imposing Duty to Promote Rivals Helps Rivals

Big Yet Not-So-Surprising Antitrust News Of the Day: EU Opens Google Investigation

The EU has launched its preliminary investigation of Google’s search engine and search advertising businesses.  From the Financial Times: According to Google, one of the three complaints was from rival Microsoft. That protest, from an online service called Ciao that was recently bought by the software company, echoes a complaint that had already been lodged ... Big Yet Not-So-Surprising Antitrust News Of the Day: EU Opens Google Investigation

Some thoughts on the Olympics

I just love the Olympics. Exhibit A for me was the face of American skier Lindsey Vonn in the starting gate last night before her gold-medal-winning race. Vonn was the overwhelming favorite, having proved herself the greatest skier in the world for the past few years. She was, however, plagued by a nasty shin injury ... Some thoughts on the Olympics

The SEC gets that old time climate religion. Hallelujah, praise Gore.

Today the SEC voted 3-2 to approve an interpretive release offering guidance to companies on disclosure obligations as they relate to climate change.  Commissioners Casey and Paredes voted to reject the proposed guidance. Everyone can agree that companies may have an obligation under Regulation S-K to disclose risks arising from, among other many things, climate ... The SEC gets that old time climate religion. Hallelujah, praise Gore.

Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But having just read the complaint and the statements from Chairman Leibowitz and Commissioner Rosch discussing the various rationales for making Section 5 the primary hook for this case, I wanted ... Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

Surcharging and Honor-All-Cards

Generally, merchants charge the same price regardless of the type of payment instrument used to make purchases. In many jurisdictions, merchants are not allowed to add a surcharge for payment card transactions because of legal (some states in the U.S. do not allow surcharges) or contractual (card networks generally do not allow surcharges) restrictions. But, ... Surcharging and Honor-All-Cards

Seven Truths About Regulating Interchange

Interchange fees on payment cards are obviously a hot topic in the United States, but also in Europe and in many other countries around the world.  The report on interchange fees released last month by the US Government Accounting Office (GAO) notes that more than 30 countries have intervened or are considering intervening in the ... Seven Truths About Regulating Interchange

Article 81 is dead! Long live Article 101!

The European Union has re-numbered its governing Articles following the entering into force of the Treaty of Lisbon.  So the former “Treaty Establishing the European Community” is now the “Treaty on the Functioning of the European Community.”  And the chapter on competition, former Articles 81 through 89, is now the new (and unchanged) Articles 101 ... Article 81 is dead! Long live Article 101!

New EU Antitrust Chief: Joaquin Almunia

Joaquin Almunia, described by the WSJ story as a Spanish socialist.  Almunia’s current charge has been to help craft the EU’s response to the financial crisis: In his current job, Mr. Almunia, 61 years old, has been in the thick of the EU’s response to the financial crisis, though the economic-affairs post has little regulatory ... New EU Antitrust Chief: Joaquin Almunia

Oracle is nonplussed; the DOJ is . . . plussed?

The European Commission has issued a Statement of Objections in response to Oracle’s proposed acquisition of Sun.  The deal had already cleared the DOJ’s review.  Oracle is none too happy about the development, issuing a strongly-worded statement.  Here’s a taste: The database market is intensely competitive with at least eight strong players, including IBM, Microsoft, ... Oracle is nonplussed; the DOJ is . . . plussed?