Cernak: Who Bears the Burden on Elimination of Double Marginalization in the...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Steven J. Cernak...
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Fruits: Messy Mergers and Muddled Guidelines (Or, “Orange You Glad I Didn’t...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Eric Fruits (Chief...
View ArticlePozen: The Missed Opportunity for International Harmonization in the Draft...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Sharis Pozen...
View ArticleSher: Implications of the Draft Vertical Merger Guidelines for Vertical...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Scott Sher...
View ArticleRybnicek: The Draft Vertical Merger Guidelines Would Do More Harm Than Good
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Jan Rybnicek...
View ArticleWhite: The Missing Market Definition Standard in the Draft Vertical Guidelines
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Lawrence J. White...
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Manne & Stout 1: The Illogic of a Contract/Merger Equivalency Assumption in...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Geoffrey A. Manne...
View ArticleManne & Stout 2: Against Incorporating a Contract/Merger Equivalency...
In our first post, we discussed the weaknesses of an important theoretical underpinning of efforts to expand vertical merger enforcement (including, possibly, the proposed guidelines): the...
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Politics Has No Place in Antitrust Enforcement, Left or Right
The goal of US antitrust law is to ensure that competition continues to produce positive results for consumers and the economy in general. We published a letter co-signed by twenty three of the U.S.’s...
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Making Sense of the Google Android Decision (part 4): The Commission’s...
This is the fourth, and last, in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here, and the second here, and the...
View Article“You don’t get to be the umpire and have a team”: should we regulate the...
This guest post is by Patrick Todd, an England-qualified solicitor and author on competition law/policy in digital markets. The above quote is not about Democrat-nominee hopeful Elizabeth Warren’s...
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Rebuilding Trust in Coronaworld
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleA Law & Economics Perspective on Ruth Bader Ginsburg
With the passing of Justice Ruth Bader Ginsburg, many have already noted her impact on the law as an advocate for gender equality and women’s rights, her importance as a role model for women, and her...
View ArticleThe Dangerous Implications of Changing Antitrust Presumptions
One of the key recommendations of the House Judiciary Committee’s antitrust report which seems to have bipartisan support (see Rep. Buck’s report) is shifting evidentiary burdens of proof to...
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Platform Self-Preferencing Can Be Good for Consumers and Even Competitors
Critics of big tech companies like Google and Amazon are increasingly focused on the supposed evils of “self-preferencing.” This refers to when digital platforms like Amazon Marketplace or Google...
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The FTC Did Not ‘Fumble the Future’ in Its Google Search Investigation
Politico has released a cache of confidential Federal Trade Commission (FTC) documents in connection with a series of articles on the commission’s antitrust probe into Google Search a decade ago. The...
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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...
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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,...
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How US and EU Competition Law Differ
[This post adapts elements of “Should ASEAN Antitrust Laws Emulate European Competition Policy?”, published in the Singapore Economic Review (2021). Open access working paper here.] U.S. and European...
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Breaking Down the American Choice and Innovation Online Act
The American Choice and Innovation Online Act (previously called the Platform Anti-Monopoly Act), introduced earlier this summer by U.S. Rep. David Cicilline (D-R.I.), would significantly change the...
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