Showing archive for: “Sherman Antitrust Act”
No-Fly Zone: Why AI Doesn’t Need Helicopter Regulation
When a new product or service appears, some public officials default to helicopter regulation. The instinct to “do something, anything” rarely pays off—just ask helicopter parents and their kids. An overbearing approach drains the finite resources of lawmakers, enforcement agencies, and innovators. The public bears the cost: officials fixate on a single issue instead of ... No-Fly Zone: Why AI Doesn’t Need Helicopter Regulation
The Google Remedies Decision and Big Tech Antitrust
U.S. District Court Judge Amit Mehta’s Sept. 2 remedies opinion in the U.S. v. Google monopolization (Google Search) case is, in large part, a rejection of government regulation of digital platforms in the guise of antitrust. The limited and cabined conduct-related remedies it imposes are far less significant than its rejection of the U.S. Justice Department’s (DOJ) proposed conduct ... The Google Remedies Decision and Big Tech Antitrust
Justice Department Introduces ‘America First Antitrust’ Policy
Assistant U.S. Attorney General for Antitrust Gail Slater introduced what she called “America First Antitrust” in her first formal address as the U.S. Justice Department’s (DOJ) chief antitrust enforcer. Her remarks, delivered April 28 at Notre Dame Law School, argued that this policy centers on protecting individual liberty from both government and corporate tyranny. While details ... Justice Department Introduces ‘America First Antitrust’ Policy
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
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
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
Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?
The U.S. Justice Department (DOJ) announced yesterday that it has filed suit, along with 29 states and the District of Columbia, charging Live Nation Entertainment Inc. and its subsidiary Ticketmaster LLC with monopolizing the live-events industry in violation of Section 2 of the Sherman Act. The suit, filed in the U.S. District Court for the ... Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?
Antitrust at the Agencies Roundup: Supply Chains, Noncompetes, and Greedflation
The big news from the agencies may be the lawsuit filed today by the U.S. Justice Department (DOJ) and 16 states against Apple alleging monopoly maintenance in violation of Section 2 of the Sherman Act. It’s an 86-page complaint and it’s just out. I’ll write more about it next week. Two quick observations: First, the ... Antitrust at the Agencies Roundup: Supply Chains, Noncompetes, and Greedflation
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
The FTC’s Noncompete Rule: A Bridge Too Far
As I noted in January, the Federal Trade Commission’s (FTC) proposal to ban nearly all noncompete agreements raises many questions. To be sure, there are contexts—perhaps many contexts—in which noncompete agreements raise legitimate policy concerns. But there also are contexts in which they can serve a useful procompetitive function. A per se ban across all industries and occupations, as the ... The FTC’s Noncompete Rule: A Bridge Too Far
Noah Phillips’ Major Contribution to IP-Antitrust Law: The 1-800 Contacts Case
Recently departed Federal Trade Commission (FTC) Commissioner Noah Phillips has been rightly praised as “a powerful voice during his four-year tenure at the FTC, advocating for rational antitrust enforcement and against populist antitrust that derails the fair yet disruptive process of competition.” The FTC will miss his trenchant analysis and collegiality, now that he has ... Noah Phillips’ Major Contribution to IP-Antitrust Law: The <em>1-800 Contacts</em> Case
FTC Biweekly UMC Roundup – Mountain of Puffery Edition
Research still matters, so I recommend video from the Federal Trade Commission’s 15th Annual Microeconomics Conference, if you’ve not already seen it. It’s a valuable event, and it’s part of the FTC’s still important statutory-research mission. It also reminds me that the FTC’s excellent, if somewhat diminished, Bureau of Economics still has no director; Marta ... FTC Biweekly UMC Roundup – Mountain of Puffery Edition
