The Archives

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

Showing archive for:  “UK”

Consumer Welfare-Based Antitrust Enforcement is the Superior Means to Deal with Large Digital-Platform Competition Issues

There has been a rapid proliferation of proposals in recent years to closely regulate competition among large digital platforms. The European Union’s Digital Markets Act (DMA, which will become effective in 2023) imposes a variety of data-use, interoperability, and non-self-preferencing obligations on digital “gatekeeper” firms. A host of other regulatory schemes are being considered in ... Consumer Welfare-Based Antitrust Enforcement is the Superior Means to Deal with Large Digital-Platform Competition Issues

Online Display Advertising: What’s the relevant market?

Digital advertising is the economic backbone of the Internet. It allows websites and apps to monetize their userbase without having to charge them fees, while the emergence of targeted ads allows this to be accomplished affordably and with less wasted time wasted. This advertising is facilitated by intermediaries using the “adtech stack,” through which advertisers ... Online Display Advertising: What’s the relevant market?

A Coasean Analysis of Offensive Speech

Words can wound. They can humiliate, anger, insult. University students—or, at least, a vociferous minority of them—are keen to prevent this injury by suppressing offensive speech. To ensure campuses are safe places, they militate for the cancellation of talks by speakers with opinions they find offensive, often successfully. And they campaign to get offensive professors ... A Coasean Analysis of Offensive Speech

Dynamic Merger Efficiencies: The Case of Pharmaceutical Markets

The recent launch of the international Multilateral Pharmaceutical Merger Task Force (MPMTF) is just the latest example of burgeoning cooperative efforts by leading competition agencies to promote convergence in antitrust enforcement. (See my recent paper on the globalization of antitrust, which assesses multinational cooperation and convergence initiatives in greater detail.) In what is a first, ... Dynamic Merger Efficiencies: The Case of Pharmaceutical Markets

The Virtues and Pitfalls of Economic Models

Interrogations concerning the role that economic theory should play in policy decisions are nothing new. Milton Friedman famously drew a distinction between “positive” and “normative” economics, notably arguing that theoretical models were valuable, despite their unrealistic assumptions. Kenneth Arrow and Gerard Debreu’s highly theoretical work on General Equilibrium Theory is widely acknowledged as one of ... The Virtues and Pitfalls of Economic Models

Breaking Down House Democrats’ Forthcoming Competition Bills

Democratic leadership of the House Judiciary Committee have leaked the approach they plan to take to revise U.S. antitrust law and enforcement, with a particular focus on digital platforms.  Broadly speaking, the bills would: raise fees for larger mergers and increase appropriations to the FTC and DOJ; require data portability and interoperability; declare that large ... Breaking Down House Democrats’ Forthcoming Competition Bills

Understanding the European Commission’s dispute with AstraZeneca

In order to understand the lack of apparent basis for the European Commission’s claims that AstraZeneca is in breach of its contractual obligations to supply it with vaccine doses, it is necessary to understand the difference between stock and flow. If I have 1,000 widgets in my warehouse, and agree to sell 700 of them ... Understanding the European Commission’s dispute with AstraZeneca

Guiding a Post-Brexit UK Trade Liberalization Strategy

In the wake of its departure from the European Union, the United Kingdom will have the opportunity to enter into new free trade agreements (FTAs) with its international trading partners that lower existing tariff and non-tariff barriers. Achieving major welfare-enhancing reductions in trade restrictions will not be easy. Trade negotiations pose significant political sensitivities, such ... Guiding a Post-Brexit UK Trade Liberalization Strategy

Investors and Regulators Can Both Fall for Platform Bubbles

In current discussions of technology markets, few words are heard more often than “platform.” Initial public offering (IPO) prospectuses use “platform” to describe a service that is bound to dominate a digital market. Antitrust regulators use “platform” to describe a service that dominates a digital market or threatens to do so. In either case, “platform” denotes power ... Investors and Regulators Can Both Fall for Platform Bubbles

Introductory Post: The United States v. Google

Google is facing a series of lawsuits in 2020 and 2021 that challenge some of the most fundamental parts of its business, and of the internet itself — Search, Android, Chrome, Google’s digital-advertising business, and potentially other services as well.  The U.S. Justice Department (DOJ) has brought a case alleging that Google’s deals with Android ... Introductory Post: The United States v. Google

Rolled by Rewheel, Redux

The Finnish consultancy Rewheel periodically issues reports using mobile wireless pricing information to make claims about which countries’ markets are competitive and which are not. For example, Rewheel claims Canada and Greece have the “least competitive monthly prices” while the United Kingdom and Finland have the most competitive. Rewheel often claims that the number of ... Rolled by Rewheel, Redux

Buck’s “Third Way”: A Different Road to the Same Destination

Congressman Buck’s “Third Way” report offers a compromise between the House Judiciary Committee’s majority report, which proposes sweeping new regulation of tech companies, and the status quo, which Buck argues is unfair and insufficient. But though Buck rejects many of the majority’s reports proposals, what he proposes instead would lead to virtually the same outcome ... Buck’s “Third Way”: A Different Road to the Same Destination