Showing archive for: “IO: Regulation Antitrust & Privatization”
Why Corner Post’s Merchant Victory May Not Ring Up Savings
Merchants persuaded a federal appeals court to throw out the Federal Reserve’s debit-card fee cap. They might want to hold the applause until they see its replacement. A ruling aimed at the Fed’s arithmetic could leave room for a higher cap—and a fuller accounting of what consumers get for those fees. In Corner Post, Inc. ... Why Corner Post’s Merchant Victory May Not Ring Up Savings
How to Profit From a Cartel Without Joining One
Adam Smith warned that people in the same trade rarely meet without the conversation turning to a scheme to raise prices. Antitrust enforcers on both sides of the Atlantic now suspect they can skip the meeting—a shared shareholder may do the job. In May 2025, the U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) ... How to Profit From a Cartel Without Joining One
Fin-Syn Is a Rerun Washington Should Skip
Some of Hollywood’s most high-powered producers and agents have a pitch for Washington. Make streaming services spend half their original-content budgets buying from independent U.S. producers. Producers and talent agencies would get guaranteed business. Viewers, on the other hand, would get no guarantees. The inspiration comes from the Financial Interest and Syndication Rules, better known ... Fin-Syn Is a Rerun Washington Should Skip
Every Click You Make: Article 6(5)’s Search for a Limiting Principle
When does a “directions” button become a competition-law violation? When it points to Google Maps, according to the European Commission. A law meant to police search rankings is becoming a license to police the whole page. On July 23, the Commission fined Alphabet €460 million for favoring nine of its own services on Google’s search ... Every Click You Make: Article 6(5)’s Search for a Limiting Principle
Brussels Rules Without the Brussels Perks
Brussels’ latest competition guidelines should probably come with a warning label. Countries borrowing them risk importing dubious economics, remedies designed for Europe’s very specific institutional problems, and a trade fight with Washington. On Sept. 3, after a three-year process, the European Commission adopted its first guidelines on exclusionary abuses under Article 102 of the Treaty ... Brussels Rules Without the Brussels Perks
We Measured Europe’s Browser Revolution. Bring a Magnifying Glass.
Europe’s browser revolution appears to have left most browsers exactly where it found them. The European Commission is celebrating a “surge” in alternatives. The browsing data suggest a ripple. In April, the Commission reviewed the Digital Markets Act (DMA) and pronounced it “fit for purpose.” “Alternative browsers and search engines are being increasingly chosen by ... We Measured Europe’s Browser Revolution. Bring a Magnifying Glass.
Antitrust at the Agencies: Pour One Out for Southern Glazer’s
The Federal Trade Commission (FTC) has settled a wine-and-spirits case, and its press release reads like a victory toast. The two commissioners who approved the deal write as if they’d rather send the bottle back. Consumers might want to check the tab. The settlement in Southern Glazer’s Wine and Spirits landed just after I’d put ... Antitrust at the Agencies: Pour One Out for Southern Glazer’s
Beyond Tariffs: Free Trade and the Friends-and-Family Plan
A trade deal can lower tariffs and yet still leave the hardest barriers untouched. The shipment clears customs, but the supplier cannot get a license, bid for a government contract, or compete with a subsidized state firm. The border is nominally open, but the market has other arrangements. As I argue in a new Mercatus ... Beyond Tariffs: Free Trade and the Friends-and-Family Plan
The Garden State’s War on the Good Deal
New Jersey lawmakers have found a way to spare small grocers the sting of missing out on a discount: make suppliers think twice about offering one to anybody. If a cereal maker gives Walmart a better deal than a corner market in Newark, a bill before the state’s General Assembly would require the supplier to ... The Garden State’s War on the Good Deal
California’s COMPETE Act: May the Best Firm Lose
Gov. Gavin Newsom has signed Assembly Bill 1776, the so-called COMPETE Act, making California the first state to add a general prohibition on anticompetitive conduct by individual firms to its principal antitrust statute. Newsom’s announcement casts the law as a way to help small businesses and stop large companies from “shutting out competition.” The law ... California’s COMPETE Act: May the Best Firm Lose
The Rivals Antitrust Can’t See
The next serious competitor may be waiting for a license, or working on a product nobody has seen yet. Neither shows up in today’s market-share figures. And much of the current antitrust debate ignores both of those figures completely, even as it ponders how aggressively the government should reshape markets. By contrast, a dynamic approach ... The Rivals Antitrust Can’t See
The EPA Takes Its Thumb Off the Power Switch
Power-plant rules do more than regulate pollution. They can also regulate competitors out of the market. That is the overlooked significance of the Environmental Protection Agency’s (EPA) recent repeal of most Biden administration greenhouse-gas standards for power plants. The move is an environmental-policy reversal and also a competition-policy reform. The final rule is only a ... The EPA Takes Its Thumb Off the Power Switch
