Showing archive for: “Vertical Integration”
Pump and Circumstance: The Politics of Italy’s Fuel-Price Caps
The Italian government is claiming a victory at the pump. Eni, the country’s largest oil company, has announced a 30-day cap on retail fuel prices. Italy’s second-largest fuel retailer, IP, controlled by the State Oil Company of Azerbaijan Republic (Socar), followed suit, as did the third-largest, Q8. Smaller rivals warn that the caps could squeeze ... Pump and Circumstance: The Politics of Italy’s Fuel-Price Caps
‘The Economics of the Marriage Contract: Theories and Evidence,’ by Niko Matouschek and Imran Rasul
Marriage is a natural subject for law & economics scholars. From Gary Becker’s “A Treatise on the Family” (1981) to Margaret Brinig’s “From Contract to Covenant” (2000), scholars have expanded our understanding of romantic love by examining it through an economic lens. Some object that bringing law & economics into marriage risks coarsening and cheapening ... ‘The Economics of the Marriage Contract: Theories and Evidence,’ by Niko Matouschek and Imran Rasul
The DMA Meets the Rule of Law
The European Union’s Digital Markets Act was built to move fast: designate gatekeepers, impose obligations, and reshape digital markets before the lawyers can finish sharpening their pencils. But in Meta Platforms Ireland v. Commission, the General Court offered a useful reminder: even Europe’s new digital rulebook still has to pass through an old-fashioned door marked ... The DMA Meets the Rule of Law
Brightline Rules and Case-by-Case Courts: The DMA and Epic v Apple
Brightline rules promise clarity. The early enforcement record suggests something closer to friction. Part I of this two-part series examined how mobile app-store anti-steering policies—rules that restrict developers from directing users to alternative offers or payment portals outside the app store—affect competition, consumers, and innovation. It also compared those policies with the restrictions upheld in ... Brightline Rules and Case-by-Case Courts: The DMA and Epic v Apple
The Blind Spots of Brightline Rules: The DMA and Anti-Steering
Two years ago, the European Union’s flagship Digital Markets Act (DMA) took effect. The DMA promised to make platform markets “fairer and more contestable” for the businesses that rely on them to reach consumers by imposing a set of brightline mandates on designated gatekeepers. In the United States, advocates of DMA-style competition rulemaking include former ... The Blind Spots of Brightline Rules: The DMA and Anti-Steering
Note to the FTC: Punishing Efficiency Means Destroying Competition
Yesterday, Lina Khan’s FTC released their long-awaited draft merger guidelines for public comment. Regrettably yet not unsurprisingly, the new guidelines are a radical departure from established case law and antitrust thinking. They’re marked by a failure to account for the role of efficiencies in the competitive process, and a failure to distinguish between the implications of generally ... Note to the FTC: Punishing Efficiency Means Destroying Competition
Biweekly FTC Roundup: Grail-Shaped Beacon Edition
The lame duck is not yet dead, and the Federal Trade Commission (FTC) is supposed to be an independent agency. Work continues. The Commission has announced a partly open oral argument in the Illumina-Grail matter. That is, parts of the argument will be open to the public, via webcast, and parts won’t. This is what’s ... Biweekly FTC Roundup: Grail-Shaped Beacon Edition
Damn the Economics, Full Speed Ahead!
A White House administration typically announces major new antitrust initiatives in the fall and spring, and this year is no exception. Senior Biden administration officials kicked off the fall season at Fordham Law School (more on that below) by shedding additional light on their plans to expand the accepted scope of antitrust enforcement. Their aggressive ... Damn the Economics, Full Speed Ahead!
The Catch-22 of AICOA’s Guidelines
If S.2992—the American Innovation and Choice Online Act or AICOA—were to become law, it would be, at the very least, an incomplete law. By design—and not for good reason, but for political expediency—AICOA is riddled with intentional uncertainty. In theory, the law’s glaring definitional deficiencies are meant to be rectified by “expert” agencies (i.e., the ... The Catch-22 of AICOA’s Guidelines
Chair Khan’s Latest Flawed Perspective on Mergers Ignores Empirics and Sound Economics
Federal Trade Commission (FTC) Chair Lina Khan missed the mark once again in her May 6 speech on merger policy, delivered at the annual meeting of the International Competition Network (ICN). At a time when the FTC and U.S. Justice Department (DOJ) are presumably evaluating responses to the agencies’ “request for information” on possible merger-guideline ... Chair Khan’s Latest Flawed Perspective on Mergers Ignores Empirics and Sound Economics
10 Things the American Innovation and Choice Online Act Gets Wrong
The Senate Judiciary Committee is set to debate S. 2992, the American Innovation and Choice Online Act (or AICOA) during a markup session Thursday. If passed into law, the bill would force online platforms to treat rivals’ services as they would their own, while ensuring their platforms interoperate seamlessly. The bill marks the culmination of ... 10 Things the American Innovation and Choice Online Act Gets Wrong
Intermediaries: The Hero We Need?
In policy discussions about the digital economy, a background assumption that frequently underlies the discourse is that intermediaries and centralization always and only serve as a cost to consumers, and to society more generally. Thus, one commonly sees arguments that consumers would be better off if they could freely combine products from different trading partners. ... Intermediaries: The Hero We Need?
