The Archives

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

Showing archive for:  “UK”

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

Brussels Effect or Brussels Defect: Digital Regulation in Emerging Markets

The blistering pace at which the European Union put forward and adopted the Digital Markets Act (DMA) has attracted the attention of legislators across the globe. In its wake, countries such as South Africa, India, Brazil, and Turkey have all contemplated digital-market regulations inspired by the DMA (and other models of regulation, such as the ... Brussels Effect or Brussels Defect: Digital Regulation in Emerging Markets

The Case Against Self-Preferencing as a New Antitrust Offense

The practice of so-called “self-preferencing” has come to embody the zeitgeist of competition policy for digital markets, as legislative initiatives are undertaken in jurisdictions around the world that to seek, in various ways, to constrain large digital platforms from granting favorable treatment to their own goods and services. The core concern cited by policymakers is ... The Case Against Self-Preferencing as a New Antitrust Offense

The Four Ways of Spending Data

In Free to Choose, Milton Friedman famously noted that there are four ways to spend money[1]: Spending your own money on yourself. For example, buying groceries or lunch. There is a strong incentive to economize and to get full value. Spending your own money on someone else. For example, buying a gift for another. There ... The Four Ways of Spending Data