Showing archive for: “Sherman Antitrust Act”
Reclaiming Antitrust
The United States is the birthplace of antitrust, starting with the enactment of the Sherman Antitrust Act in 1890. During the late 19th and early 20th century, cartels were common in Europe, while U.S. antitrust enforcers unraveled them. Only after World War II did European countries incrementally adopt competition law in various forms. Since that ... Reclaiming Antitrust
Why Trump May Consolidate Federal Antitrust Enforcement
President-elect Donald Trump’s new “Department of Government Efficiency” has been tasked with providing advice and guidance on reducing government waste and restructuring federal agencies. One act of restructuring that may warrant consideration would involve consolidating all federal antitrust enforcement within the U.S. Justice Department (DOJ). There are strong arguments that this would reduce waste. In addition, ... Why Trump May Consolidate Federal Antitrust Enforcement
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
Weighing DOJ’s Proposed Remedies for Google’s Monopolization
The U.S. Justice Department (DOJ) has proposed remedies to a federal judge who held that Google illegally monopolized web search. In reviewing the DOJ’s recommendations, the judge should take into account the downsides of particular remedies, as well as their potential benefits. The judge should be careful not to impose remedies that could reduce innovation ... Weighing DOJ’s Proposed Remedies for Google’s Monopolization
A Tale of Two App Stores
Dueling federal antitrust holdings dealing with app stores could have significant impacts on the future of competition in mobile-internet services. Going forward, antitrust policy in this area should focus on promoting consumer welfare and innovation, rather than the interests of particular competitors. App Store Basics Google and Apple compete vigorously for consumer favor in smartphones. ... A Tale of Two App Stores
FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
My last post highlighted a July 2024 Federal Trade Commission (FTC) interim staff report that was critical of pharmaceutical benefit managers (PBMs)—so-called “middlemen” firms that specialize in negotiating with drugmakers for rebates on the list prices of drugs. I explained that the interim report’s analysis is at odds with economic research that delineates the substantial economic benefits ... FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
You’ve been involved in antitrust issues at major tech companies for decades. How has the approach to antitrust changed over time, both from the company perspective and the regulatory side? The evolution has been significant. When I started at IBM in the 1970s, we were in the midst of a 13-year U.S. Justice Department (DOJ) ... Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
Prudence and Precedent Counsel Modest Remedies in Google Search Case
Later this fall, the U.S. District Court for the District of Columbia will hold hearings to determine the proper remedy in the Google search case. Among other options, the court could restrict Google’s ability to sign exclusive distribution contracts, force it to share data with competitors, or even break Google apart into two or more ... Prudence and Precedent Counsel Modest Remedies in Google Search Case
Justice Department’s Google Adtech Antitrust Suit Does Not Add Up
The trial of the U.S. Justice Department’s (DOJ) “adtech” antitrust lawsuit against Google kicked off Sept. 9 in U.S. District Court in Alexandria, Virginia. In a nutshell, the DOJ (joined by 17 states) argues that Google illegally monopolized key digital-advertising technologies through a variety of anticompetitive tactics. But the DOJ will find it difficult to ... Justice Department’s Google Adtech Antitrust Suit Does Not Add Up
A Primer (and Some Questions) About the RealPage Antitrust Case
The U.S. Justice Department (DOJ) and several states filed suit late last month against the property-management software firm RealPage Inc. for its “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize the market for commercial revenue management software that landlords use to price apartments.” While this is not the first case ... A Primer (and Some Questions) About the RealPage Antitrust Case
Some Thoughts on the Google Decision, for Those Who Haven’t ‘Binged’ It Yet
Readers of Truth on the Market are no doubt aware of Judge Amit Mehta’s Aug. 5 decision in the Google search antitrust case—that is, his 286-page memorandum and order finding Google liable for violating Section 2 of the Sherman Act (specifically, illegal monopoly maintenance in two markets: general search services and general text advertising). Comments ... Some Thoughts on the Google Decision, for Those Who Haven’t ‘Binged’ It Yet
Europe’s Latest Antitrust Policy Pronouncement Threatens Innovation
A newly released draft of the European Union’s proposed monopolization guidelines suggest they could pose a new threat to innovative business practices that promote high-tech economic growth. The EU should scrap the draft and U.S. antitrust enforcers should likewise reject its approach. Overregulation Harms EU Economic Growth and Innovation The United States, not Europe, has ... Europe’s Latest Antitrust Policy Pronouncement Threatens Innovation
