The Archives

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

Showing archive for:  “UK”

Confronting the DMA’s Shaky Suppositions

It’s easy for politicians to make unrealistic promises. Indeed, without a healthy skepticism on the part of the public, they can grow like weeds. In the world of digital policy, the European Union’s Digital Markets Act (DMA) has proven fertile ground for just such promises. We’ve been told that large digital platforms are the source ... Confronting the DMA’s Shaky Suppositions

The View from Australia: A TOTM Q&A with Allan Fels

Allan, you have a remarkably high public profile in Australia and are known to most of the Australian population as ex-ACCC chair. Could you please give us a bit on your background and how you got into competition law?  I did degrees in law and economics at the University of Western Australia and a PhD ... The View from Australia: A TOTM Q&A with Allan Fels

A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition

Once again, a major competition agency, the European Commission, appears poised to take an anticompetitive enforcement action—in this case, blocking Amazon’s acquisition of consumer robotic-manufacturer iRobot. iRobot, headquartered in Bedford, Massachusetts, is an American success story: Founded in 1990 by Massachusetts Institute of Technology roboticists with the vision of making practical robots a reality, iRobot ... A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition

Google, Amazon, Switching Costs, and Red Herrings

Way back in May, I cracked wise about the Federal Trade Commission’s (FTC) fictional “Bureau of Let’s Sue Meta,” noting that the commission’s proposal (really, an “order to show cause”) to modify its 2020 settlement of a consumer-protection matter with what had then been Facebook—in other words, a settlement modifying a 2012 settlement—was the FTC’s ... Google, Amazon, Switching Costs, and Red Herrings

Latin America Should Follow Its Own Path on Digital-Markets Competition

In order to promote competition in digital markets,[1] Latin American countries should not copy and paste “solutions” from other jurisdictions, but rather design their own set of policies. In short, Latin American countries—like my own, Peru—should not “put the cart before the horse” and regulate markets that are not yet mature. Digital or “tech” markets ... Latin America Should Follow Its Own Path on Digital-Markets Competition

A Comparison of US and UK Physicians Advice on Nicotine and Vaping

In 2020, an academic paper suggested that more than 80% of U.S. physicians mistakenly thought that nicotine was a carcinogen. The implication of this finding was that perhaps physicians thought vaping (and even nicotine-replacement therapy) to be almost as dangerous as smoking. But physicians are busy people and I suggest that some, maybe most, might ... A Comparison of US and UK Physicians Advice on Nicotine and Vaping

How the Facebook Claim’s Intellectual Foundations Doomed Its Argument

The UK Competition Appeal Tribunal (CAT) recently handed down a judgment refusing to allow “the Facebook Claim”—among the more well-known UK competition-law class-action cases—to proceed to trial. While the case failed to receive the necessary certification, it may yet fight another day, provided that it undergoes, as the CAT put it, a “root and branch ... How the Facebook Claim’s Intellectual Foundations Doomed Its Argument

No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

What should a competition law for 21st century look like? This point is debated across many jurisdictions. The Digital Markets, Competition, and Consumers Bill (DMCC) would change UK competition law’s approach to large platforms. The bill’s core point is to place the UK Competition and Markets Authority’s (CMA) Digital Markets Unit (DMU) on a statutory footing with ... No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

If the UK Wants to Remain a Tech Leader, It Needs Less Regulation, Not More

Brexit was supposed to free the United Kingdom from Brussels’ heavy-handed regulation and red tape. But dreams of a Singapore-on-the-Thames are slowly giving way to ill-considered regulation that threatens to erode Britain’s position as one of the world’s leading tech hubs. The UK Competition and Markets Authority’s recent decision to block the merger of Microsoft ... If the UK Wants to Remain a Tech Leader, It Needs Less Regulation, Not More

UK Poised to Begin Realizing Brexit’s Regulatory-Reform Potential

The United Kingdom’s 2016 “Brexit” decision to leave the European Union created the opportunity for the elimination of unwarranted and excessive EU regulations that had constrained UK economic growth and efficiency. Recognizing that fact, former Prime Minister Boris Johnson launched the Task Force on Innovation, Growth, and Regulatory Reform, whose May 2021 report recommended “a new regulatory ... UK Poised to Begin Realizing Brexit’s Regulatory-Reform Potential

UK Blocking of Microsoft-Activision Merger Is Anticompetitive and Anti-Innovation

The United Kingdom’s Competition and Markets Authority (CMA) late last month moved to block Microsoft’s proposed vertical acquisition of Activision Blizzard, a video-game developer that creates and publishes games such as Call of Duty, World of Warcraft, Diablo, and Overwatch. Microsoft summarized this transaction’s substantial benefits to video game players in its January 2022 press release announcing the proposed merger. The ... UK Blocking of Microsoft-Activision Merger Is Anticompetitive and Anti-Innovation

Your Definitive End-of-Year Global Tech Regulation Wrap-Up: Who’s Doing What, Where, and What to Make of It

As 2023 draws to a close, we wanted to reflect on a year that saw jurisdictions around the world proposing, debating, and (occasionally) enacting digital regulations. Some of these initiatives amended existing ex-post competition laws. Others were more ambitious, contemplating entirely new regulatory regimes from the ground up. With everything going on, it can be ... Your Definitive End-of-Year Global Tech Regulation Wrap-Up: Who’s Doing What, Where, and What to Make of It