Showing archive for: “FTC”
The Curious Case of the Proxy Access Rule
Well, well. It looks like the heatwave hitting DC has encouraged the Judges on the panel reviewing the SEC’s proxy access rule to finish their opinion earlier than expected. The rule has been struck down by the DC Circuit as arbitrary and capricious for failure to meet the SEC’s mandate to consider the effect of ... The Curious Case of the Proxy Access Rule
Maureen Ohlhausen to FTC
Congratulations to Maureen Ohlhausen on the announcement that President Obama intends to nominate her to replace William Kovacic on the Federal Trade Commission. This is an excellent appointment. The Washington Post observes: Ohlhausen comes from Wilkinson Barker Knauer law firm, where she is a partner in the firm’s privacy, data protection and cyber security practice. ... Maureen Ohlhausen to FTC
FairSearch’s Non-Sequitur Response
Our search neutrality paper has received some recent attention. While the initial response from Gordon Crovitz in the Wall Street Journal was favorable, critics are now voicing their responses. Although we appreciate FairSearch’s attempt to engage with our paper’s central claims, its response is really little more than an extended non-sequitur and fails to contribute ... FairSearch’s Non-Sequitur Response
Searching for Antitrust Remedies, Part II
In the last post, I discussed possible characterizations of Google’s conduct for purposes of antitrust analysis. A firm grasp of the economic implications of the different conceptualizations of Google’s conduct is a necessary – but not sufficient – precondition for appreciating the inconsistencies underlying the proposed remedies for Google’s alleged competitive harms. In this post, ... Searching for Antitrust Remedies, Part II
Searching for Antitrust Remedies, Part I
This is part one of a two part series of posts in which I’ll address the problems associated with discerning an appropriate antitrust remedy to alleged search engine bias. The first problem – and part – is, of course, how we should conceptualize Google’s allegedly anticompetitive conduct; in the next part, I will address how ... Searching for Antitrust Remedies, Part I
Office Superstores, Again?
FTC v. Staples is a seminal case in modern antitrust analysis of horizontal mergers. Judge Posner has described it as the economic “coming of age” of merger analysis. It is also a landmark decision in the development of unilateral effects theories. Despite the fact that Judge Hogan did not explicitly rely upon the econometric evidence ... Office Superstores, Again?
First Microsoft, Now Google: Berin Szoka, Josh Wright and Geoff Manne in CNET
Josh, Berin Szoka and I have a new op-ed up at CNET on why the lessons of Microsoft suggest the FTC’s action against Google might be misguided. A taste: Ten years ago this week, an appeals court upheld Microsoft’s conviction for monopolizing the PC operating system market. The decision became a key legal precedent for U.S. antitrust ... First Microsoft, Now Google: Berin Szoka, Josh Wright and Geoff Manne in CNET
Sacrificing Consumer Welfare in the Search Bias Debate, Part II
I did not intend for this to become a series (Part I), but I underestimated the supply of analysis simultaneously invoking “search bias” as an antitrust concept while waving it about untethered from antitrust’s institutional commitment to protecting consumer welfare. Harvard Business School Professor Ben Edelman offers the latest iteration in this genre. We’ve criticized ... Sacrificing Consumer Welfare in the Search Bias Debate, Part II
The FTC Makes its Google Investigation Official, Now What?
No surprise here. The WSJ announced it was coming yesterday, and today Google publicly acknowledged that it has received subpoenas related to the Commission’s investigation. Amit Singhal of Google acknowledged the FTC subpoenas at the Google Public Policy Blog: At Google, we’ve always focused on putting the user first. We aim to provide relevant answers ... The FTC Makes its Google Investigation Official, Now What?
Debiasing: Firms Versus Administrative Agencies
Daniel Kahnemann and co-authors discuss, in the most recent issue of the Harvard Business Review (HT: Brian McCann), various strategies for debiasing individual decisions that impact firm performance. Much of the advice boils down to more conscious deliberation about decisions, incorporating awareness that individuals can be biased into firm-level decisions, and subjecting decisions to more ... Debiasing: Firms Versus Administrative Agencies
What’s really motivating the pursuit of Google?
I have an op-ed up at Main Justice on FTC Chairman Leibowitz’ recent comment in response the a question about the FTC’s investigation of Google that the FTC is looking for a “pure Section Five case.” With Main Justice’s permission, the op-ed is re-printed here: There’s been a lot of chatter around Washington about ... What’s really motivating the pursuit of Google?
WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power
A Washington Post editorial last week reached the surprising conclusion that a series of vertical and horizontal acquisitions that led to a firm owning about 40% of the gas stations in the District of Columbia was procompetitive. The editorial apparently concluded that the vertical integration efficiencies were more important than the adverse horizontal effects. The ... WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power
