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

Showing archive for:  “Market Definition”

Are Markups Really SO Bad?

Concentration is a terrible measure of [insert basically anything people actually care about]. Have I said that before? Concentration tells us nothing about market power, efficiency, or whether policy changes can do anything to increase welfare. Economists know that, especially industrial organization (IO) economists. If we want to measure market power for a seller, a better measure is ... Are Markups Really SO Bad?

Antitrust at the Agencies Roundup: The Orphan’s Hypothetical Competitor Edition

Some may refer to this as the Roundup Formerly Known as the FTC Roundup. If you recorded yourself while reading out loud, and your name is Dove, that is what it sounds like when doves sigh. Maybe He Never Said ‘Never’ The U.S. Justice Department’s (DOJ) Antitrust Division recently agreed to settle its challenge of Swedish conglomerate ... Antitrust at the Agencies Roundup: The Orphan’s Hypothetical Competitor Edition

Untangling the 9th Circuit’s Ruling in Epic Games v Apple

The 9th U.S. Circuit Court of Appeals ruled late last month on Epic Games’ appeal of the decision rendered in 2021 by the U.S. District Court for the Northern District of California in Epic Games v Apple, affirming in part and reversing in part the district court’s judgment. In the original case, Epic had challenged as a violation ... Untangling the 9th Circuit’s Ruling in Epic Games v Apple

Biweekly FTC Roundup: Antitrust Woodstock Edition

Last week’s roundup was postponed because I was kibbitzing at the spring meeting of the American Bar Association (ABA) Antitrust Section. For those outside the antitrust world, the spring meeting is the annual antitrust version of Woodstock. For those inside the antitrust world: Antitrust Woodstock is not really a thing. At the planetary-orbit level, the ... Biweekly FTC Roundup: Antitrust Woodstock Edition

Biweekly FTC Roundup: Total Drama Island Edition

In a Feb. 14 column in the Wall Street Journal, Commissioner Christine Wilson announced her intent to resign her position on the Federal Trade Commission (FTC). For those curious to know why, she beat you to the punch in the title and subtitle of her column: “Why I’m Resigning as an FTC Commissioner: Lina Khan’s ... Biweekly FTC Roundup: Total Drama Island Edition

Is Market Concentration Actually Rising?

Everyone is worried about growing concentration in U.S. markets. President Joe Biden’s July 2021 executive order on competition begins with the assertion that “excessive market concentration threatens basic economic liberties, democratic accountability, and the welfare of workers, farmers, small businesses, startups, and consumers.” No word on the threat of concentration to baby puppies, but the ... Is Market Concentration Actually Rising?

Patent Pools, Innovation, and Antitrust Policy

Late last month, 25 former judges and government officials, legal academics and economists who are experts in antitrust and intellectual property law submitted a letter to Assistant Attorney General Jonathan Kanter in support of the U.S. Justice Department’s (DOJ) July 2020 Avanci business-review letter (ABRL) dealing with patent pools. The pro-Avanci letter was offered in ... Patent Pools, Innovation, and Antitrust Policy

Are All Mergers Inherently Anticompetitive?

A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in the real world: firms start competing on price, one firm loses out, that firm agrees to sell itself to the other firm and, finally, prices are jacked up.(Warning: Keep the ... Are All Mergers Inherently Anticompetitive?

The Bitter Fruits of Federal Antitrust ‘Reform’ Legislation

Much ink has been spilled regarding the potential harm to the economy and to the rule of law that could stem from enactment of the primary federal antitrust legislative proposal, the American Innovation and Choice Online Act (AICOA) (see here). AICOA proponents, of course, would beg to differ, emphasizing the purported procompetitive benefits of limiting ... The Bitter Fruits of Federal Antitrust ‘Reform’ Legislation

DOJ’s Threatened Reign of Error: Proposed Criminal-Monopolization Prosecutions

The Biden administration’s antitrust reign of error continues apace. The U.S. Justice Department’s (DOJ) Antitrust Division has indicated in recent months that criminal prosecutions may be forthcoming under Section 2 of the Sherman Antitrust Act, but refuses to provide any guidance regarding enforcement criteria. Earlier this month, Deputy Assistant Attorney General Richard Powers stated that ... DOJ’s Threatened Reign of Error: Proposed Criminal-Monopolization Prosecutions

Chair Khan’s Latest Flawed Perspective on Mergers Ignores Empirics and Sound Economics

Federal Trade Commission (FTC) Chair Lina Khan missed the mark once again in her May 6 speech on merger policy, delivered at the annual meeting of the International Competition Network (ICN). At a time when the FTC and U.S. Justice Department (DOJ) are presumably evaluating responses to the agencies’ “request for information” on possible merger-guideline ... Chair Khan’s Latest Flawed Perspective on Mergers Ignores Empirics and Sound Economics

Hunting for Labor-Market Monopsonies (and Giffen Goods)

If you wander into an undergraduate economics class on the right day at the right time, you might catch the lecturer talking about Giffen goods: the rare case where demand curves can slope upward. The Irish potato famine is often used as an example. As the story goes, potatoes were a huge part of the ... Hunting for Labor-Market Monopsonies (and Giffen Goods)