Showing archive for: “Exclusionary Conduct”
The Government Enters the Data-Sharing Game
The U.S. Justice Department (DOJ) recently announced a proposed settlement with RealPage Inc. that would strictly prohibit the company from using competitors’ nonpublic data in its rental-pricing software. Curiously, that remedy is nearly the precise opposite of the September order from the U.S. District Court for the District of Columbia in a suit the DOJ ... The Government Enters the Data-Sharing Game
Facebook Antitrust Win May Have Broad Policy Implications
A Nov. 18 federal trial court decision favoring Facebook is the first decisive win for a “Big Tech” digital platform in a suit brought by the federal government. U.S. District Court Judge Jed Boasberg’s opinion striking down the Federal Trade Commission’s (FTC) monopolization suit against Meta appears sound and well-reasoned and will be hard to ... Facebook Antitrust Win May Have Broad Policy Implications
Could the DOJ and FTC Reform Regulations that Harm Competition?
When many think about monopolies and unfair business practices, they typically picture large corporations squashing smaller rivals. But there’s another significant culprit restricting competition that gets far less attention: government regulations themselves. The Trump administration has in recent weeks taken the first steps toward reining in some of these regulations. The U.S. Justice Department (DOJ) ... Could the DOJ and FTC Reform Regulations that Harm Competition?
California Leads the Charge in Systematically Dismantling US Federal Antitrust Law
The California Law Revision Commission (CLRC) is currently reviewing proposed amendments to the state’s antitrust statutes, particularly the Cartwright Act. As made clear in a recently published memo, a major goal of the effort is clearly to distance California from the perceived constraints of federal antitrust law that limit liability for single-firm conduct under Section ... California Leads the Charge in Systematically Dismantling US Federal Antitrust Law
Google Antitrust Remedies Could Harm the US Economy and Consumers
Google and the U.S. Justice Department (DOJ) will make their closing arguments tomorrow in the Google Search remedies trial. Judicial adoption of the DOJ’s recommendations to “break up” Google, stemming from this and another DOJ lawsuit, could seriously undermine American innovation and competitiveness and harm, not help, American consumers. Background The DOJ sued Google in ... Google Antitrust Remedies Could Harm the US Economy and Consumers
The View from Taiwan: A TOTM Q&A with Andy Chen
Andy, could you please tell us about your professional background? I am a law professor with an SJD degree from Northwestern University in the United States. My field of study is antitrust law and law & economics. From 2007-2010, I served as commissioner of the Taiwan Fair Trade Commission (TFTC). After that, I resumed my ... The View from Taiwan: A TOTM Q&A with Andy Chen
The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Gustavo, could you please tell us a bit about yourself and your professional background? I’m a law practitioner with a master’s degree in law and public policy, specializing in constitutional and administrative law. I served as a federal attorney and litigator before the Brazilian Supreme Court and was appointed by the attorney general as the ... The View from Brazil: A TOTM Q&A with Gustavo Augusto Freitas de Lima
Is Brazil’s Digital Markets Proposal Based on Genuine Consensus or Unproven Narrative?
A popular narrative has emerged in Brazil in recent years about the “genuine consensus” supporting the need for more stringent regulation of digital markets. This narrative has been fueled by a growing number of cases of alleged anticompetitive conduct by so-called “global mega-corporations,” including the Mercado Livre/Apple case and the more recent Meta/Apple case. The ... Is Brazil’s Digital Markets Proposal Based on Genuine Consensus or Unproven Narrative?
Avoiding Misguided Remedies in the Google Search Antitrust Case
In his August 2024 ruling in the Google Search antitrust litigation, U.S. District Court Judge Amit Mehta found that Google’s default-distribution agreements—through which the company paid Apple, Mozilla, and others to make Google the preloaded search engine—were exclusionary under Section 2 of the Sherman Act. The court’s rationale focused on “default bias” and scale effects; ... Avoiding Misguided Remedies in the Google Search Antitrust Case
The Paradox of Google Search Remedies
The U.S. Justice Department (DOJ) won its antitrust case against Google last year, establishing that the company illegally maintained its monopoly in “general search” and “general search text advertising” markets through exclusive default contracts. Now comes the hard part: crafting effective remedies. I’m on record as saying the question of remedies would be difficult in ... The Paradox of Google Search Remedies
DOJ’s Not-so-Modest Proposal
The U.S. Justice Department (DOJ) late last month filed its much-anticipated initial proposed final judgment in the Google Search antitrust case. The proposal—to use a bit of baseball parlance—swung for the fences. Maybe they’ll get a hit, or maybe even a home run. Or not. Dodgers superstar Shohei Ohtani hit a whopping 54 home runs ... DOJ’s Not-so-Modest Proposal
Clarifying Antitrust Law by Straightening Teeth
More than a century ago, the U.S. Supreme Court held that the Sherman Act does not interfere with the “unquestioned right to stop dealing,” but the legacy of the Aspen Skiing is that terminating voluntary cooperation with a rival can give rise to liability. A case now on appeal could determine whether the “right to ... Clarifying Antitrust Law by Straightening Teeth
