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TOTM While last year’s labor disputes between the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA), on the one hand, and Hollywood’s major . . .
While last year’s labor disputes between the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA), on the one hand, and Hollywood’s major movie studios, on the other, have been settled for months now, lingering questions remain about competitive conditions in the industry.
Read the full piece here.
TOTM The Federal Trade Commission (FTC) has released its long-awaited report on pharmacy benefit managers (PBMs) as an “interim staff report.” And it’s yet another staff . . .
The Federal Trade Commission (FTC) has released its long-awaited report on pharmacy benefit managers (PBMs) as an “interim staff report.” And it’s yet another staff report that doesn’t name the relevant staff. On the one hand, it does contain some useful information on industry developments. On the other, it’s just not very good—at all.
Popular Media The movement that some call “neo-Brandeisianism,” after its putative inspiration in the works of the late U.S. Supreme Court Justice Louis Brandeis (others have less-charitably . . .
The movement that some call “neo-Brandeisianism,” after its putative inspiration in the works of the late U.S. Supreme Court Justice Louis Brandeis (others have less-charitably termed it “antitrust populism” or “hipster antitrust”), has indisputably taken the competition world by storm. Indeed, it has arguably led to one of the fastest policy swings in antitrust history.
TOTM In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the . . .
In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the Supreme Court’s Loper Bright decision. I thought the rule infirm to begin with—a somewhat foolish swing for the fences on a regulation that the FTC couldn’t possibly enforce. I thought that the FTC’s prospects looked dimmer still in the wake of Loper Bright. As I wrote yesterday…
TOTM In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the . . .
In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the U.S. economy. It was not my first such post (my ninth, if I’ve counted correctly, and if readers will forgo armchair diagnoses of monomania). The last time around, I noted consolidated challenges to the rule being heard in the U.S. District Court for the Northern District of Texas, where Judge Ada Brown has said that he will issue a decision on the motion for a stay of the rule’s effective date by July 3.
TOTM What is the UK doing in the field of digital-market regulation, and what do you think it is achieving? There are probably four areas to . . .
There are probably four areas to consider. The first is that the UK’s jurisdiction on mergers increased with Brexit. The UK is not subject to the same turnover threshold as under European law, and this enables it to call in a wider range of deals. It has also been able to look at different theories of harm in digital markets. It has done that in probably more than 10 cases where it examined issues like potential competition, vertical exclusion, etc.
There are probably four areas to consider.
The first is that the UK’s jurisdiction on mergers increased with Brexit. The UK is not subject to the same turnover threshold as under European law, and this enables it to call in a wider range of deals. It has also been able to look at different theories of harm in digital markets. It has done that in probably more than 10 cases where it examined issues like potential competition, vertical exclusion, etc.
Popular Media There can be little doubt that antitrust enforcers at the Department of Justice (DOJ) and Federal Trade Commission (FTC), who have adopted to various degrees . . .
There can be little doubt that antitrust enforcers at the Department of Justice (DOJ) and Federal Trade Commission (FTC), who have adopted to various degrees the “neo-Brandeisian” (NB)—also known as “populist,” “political” or “anti-monopoly”—approach to antitrust policy, have sought under the Biden Administration to make far-reaching changes in how antitrust law is interpreted and enforced.
Popular Media Margrethe Vestager, the European Union’s commissioner for competition, posits that competition law has not addressed “the structural entrenchment of companies holding market power”, and that . . .
Margrethe Vestager, the European Union’s commissioner for competition, posits that competition law has not addressed “the structural entrenchment of companies holding market power”, and that sweeping regulations like the European Union’s Digital Markets Act (DMA) are therefore justified (By invitation, June 3rd). She compares the case-by-case approach of competition enforcement to “playing a never-ending game of whack-a-mole”. However, enforcement is often slow and complex, especially in the kinds of “abuse of dominance” cases that have been brought against large online platforms. This deliberate pace is necessary, as the companies’ business models and the consequences of their behaviour are themselves complex.
Popular Media A February report from the Committee on Digital Competition Law (CDCL) recommended special competition rules for digital markets in India. It was accompanied by a draft Digital . . .
A February report from the Committee on Digital Competition Law (CDCL) recommended special competition rules for digital markets in India. It was accompanied by a draft Digital Competition Act (DCA) that is virtually identical to the European Union’s Digital Markets Act (DMA). Since it entered into force early last month, the DMA has imposed strict preemptive rules on so-called digital “gatekeepers,” a cohort of mostly American tech giants like Google, Amazon, Apple, Meta, and Microsoft.
