Showing archive for: “Vertical Restraints & Self-Preferencing”
The DOJ’s Approval of the CVS/Aetna Merger and Vertical Innovation by Incumbents
Last week, the DOJ cleared the merger of CVS Health and Aetna (conditional on Aetna’s divesting its Medicare Part D business), a merger that, as I previously noted at a House Judiciary hearing, “presents a creative effort by two of the most well-informed and successful industry participants to try something new to reform a troubled ... The DOJ’s Approval of the CVS/Aetna Merger and Vertical Innovation by Incumbents
The European Commission’s Google Android decision takes a mistaken, ahistorical view of the smartphone market
What to make of Wednesday’s decision by the European Commission alleging that Google has engaged in anticompetitive behavior? In this post, I contrast the European Commission’s (EC) approach to competition policy with US antitrust, briefly explore the history of smartphones and then discuss the ruling. Asked about the EC’s decision the day it was announced, ... The European Commission’s Google Android decision takes a mistaken, ahistorical view of the smartphone market
Will the European Commission’s Google Android Decision Benefit Consumers?
By Pinar Akman, Professor of Law, University of Leeds* The European Commission’s decision in Google Android cuts a fine line between punishing a company for its success and punishing a company for falling afoul of the rules of the game. Which side of the line it actually falls on cannot be fully understood until the ... Will the European Commission’s Google Android Decision Benefit Consumers?
The EU’s Google Android antitrust decision falls prey to the nirvana fallacy
Today the European Commission launched its latest salvo against Google, issuing a decision in its three-year antitrust investigation into the company’s agreements for distribution of the Android mobile operating system. The massive fine levied by the Commission will dominate the headlines, but the underlying legal theory and proposed remedies are just as notable — and ... The EU’s Google Android antitrust decision falls prey to the nirvana fallacy
Why the Commission’s Google Android decision harms competition and stifles innovation
Our story begins on the morning of January 9, 2007. Few people knew it at the time, but the world of wireless communications was about to change forever. Steve Jobs walked on stage wearing his usual turtleneck, and proceeded to reveal the iPhone. The rest, as they say, is history. The iPhone moved the wireless ... Why the Commission’s Google Android decision harms competition and stifles innovation
A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets
As has been rumored in the press for a few weeks, today Comcast announced it is considering making a renewed bid for a large chunk of Twenty-First Century Fox’s (Fox) assets. Fox is in the process of a significant reorganization, entailing primarily the sale of its international and non-television assets. Fox itself will continue, but ... A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets
Google’s India case and a return to consumer-focused antitrust
What happened Today, following a six year investigation into Google’s business practices in India, the Competition Commission of India (CCI) issued its ruling. Two things, in particular, are remarkable about the decision. First, while the CCI’s staff recommended a finding of liability on a litany of claims (the exact number is difficult to infer from ... Google’s India case and a return to consumer-focused antitrust
The destiny of telecom regulation is antitrust
This week the FCC will vote on Chairman Ajit Pai’s Restoring Internet Freedom Order. Once implemented, the Order will rescind the 2015 Open Internet Order and return antitrust and consumer protection enforcement to primacy in Internet access regulation in the U.S. In anticipation of that, earlier this week the FCC and FTC entered into a ... The destiny of telecom regulation is antitrust
Pai’s Right on Net Neutrality and Title II
As I explain in my new book, How to Regulate, sound regulation requires thinking like a doctor. When addressing some “disease” that reduces social welfare, policymakers should catalog the available “remedies” for the problem, consider the implementation difficulties and “side effects” of each, and select the remedy that offers the greatest net benefit. If we ... Pai’s Right on Net Neutrality and Title II
Some Good News (Maybe?) from DOJ’s Antitrust Division
I remain deeply skeptical of any antitrust challenge to the AT&T/Time Warner merger. Vertical mergers like this one between a content producer and a distributor are usually efficiency-enhancing. The theories of anticompetitive harm here rely on a number of implausible assumptions — e.g., that the combined company would raise content prices (currently set at profit-maximizing ... Some Good News (Maybe?) from DOJ’s Antitrust Division
When Should the Government Provide Public Goods?
My new book, How to Regulate: A Guide for Policymakers, will be published in a few weeks. A while back, I promised a series of posts on the book’s key chapters. I posted an overview of the book and a description of the book’s chapter on externalities. I then got busy on another writing project ... When Should the Government Provide Public Goods?
The Washington Post editorial board understands online competition better than the European Commission does
Last week the editorial board of the Washington Post penned an excellent editorial responding to the European Commission’s announcement of its decision in its Google Shopping investigation. Here’s the key language from the editorial: Whether the demise of any of [the complaining comparison shopping sites] is specifically traceable to Google, however, is not so clear. ... The Washington Post editorial board understands online competition better than the European Commission does
