Showing 9 of 1749 Publications in Antitrust & Consumer ProtectionScholarship

Antitrust at the Agencies Roundup: Spring Has Sprung

TOTM Last week was the occasion of the “spring meeting”; that is, the big annual antitrust convention in Washington, D.C. hosted by the American Bar Association . . .

Last week was the occasion of the “spring meeting”; that is, the big annual antitrust convention in Washington, D.C. hosted by the American Bar Association (ABA) Antitrust Section. To engage in a bit of self-plagiarism (efficient for me, at least), I had this to say about it last year…

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

DOJ’s Case Against Apple: Beware of Forcing ‘Efficiencies’

TOTM The U.S. Justice Department’s (DOJ) recent complaint charging Apple with monopolizing smartphone markets is, according to Assistant U.S. Attorney General Jonathan Kanter, intended as a contribution to the . . .

The U.S. Justice Department’s (DOJ) recent complaint charging Apple with monopolizing smartphone markets is, according to Assistant U.S. Attorney General Jonathan Kanter, intended as a contribution to the agency’s “enduring legacy of taking on the biggest and toughest monopolies in history.”

Unfortunately, the case has fundamental weaknesses in its assessment of both Apple’s alleged monopoly power and the “exclusionary” nature of its business strategies. These infirmities have been discussed at-length by, among others, Alden AbbottHerbert Hovenkamp, and Randall Picker.

What appears to have flown under the radar, however, is the DOJ’s flawed understanding of the goals and scope of what it calls “our system of antitrust laws.”

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Confronting the DMA’s Shaky Suppositions

TOTM It’s easy for politicians to make unrealistic promises. Indeed, without a healthy skepticism on the part of the public, they can grow like weeds. In . . .

It’s easy for politicians to make unrealistic promises. Indeed, without a healthy skepticism on the part of the public, they can grow like weeds. In the world of digital policy, the European Union’s Digital Markets Act (DMA) has proven fertile ground for just such promises. We’ve been told that large digital platforms are the source of many economic and social ills, and that handing more discretionary power to the government can solve these problems with no apparent side effects or costs.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

The Missing Element in the Google Case

TOTM Through laudable competition on the merits, Google achieved a usage share of nearly 90% in “general search services.” About a decade later, the government alleged . . .

Through laudable competition on the merits, Google achieved a usage share of nearly 90% in “general search services.” About a decade later, the government alleged that Google had maintained its dominant share through exclusionary practices violating Section 2 of the Sherman Antitrust Act. The case was tried in U.S. District Court in Washington, D.C. last fall, and the parties made post-trial filings this year.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Lazar Radic on DMA Implementation

Presentations & Interviews ICLE Senior Scholar Lazar Radic joined Associazione Copernicani and moderator Carlo Alberto Carnevale Maffè for a discussion (in Italian) of the European Union’s Digital Markets . . .

ICLE Senior Scholar Lazar Radic joined Associazione Copernicani and moderator Carlo Alberto Carnevale Maffè for a discussion (in Italian) of the European Union’s Digital Markets Act and the European Commission’s noncompliance investigations of Alphabet, Apple, and Meta. Video of the full discussion is embedded below.

Continue reading
Antitrust & Consumer Protection

Kroger/Albertsons: Is Labor Bargaining Power an Antitrust Harm?

TOTM The Federal Trade Commission’s (FTC) recent complaint challenging the proposed merger of the supermarkets Kroger Co. and Albertsons Companies Inc. has important implications for antitrust enforcement in . . .

The Federal Trade Commission’s (FTC) recent complaint challenging the proposed merger of the supermarkets Kroger Co. and Albertsons Companies Inc. has important implications for antitrust enforcement in labor markets. Central to the FTC’s case is how it chooses to define the relevant markets, and particularly the commission’s focus on unionized grocery workers. The complaint alleges that the combined firm would dominate these markets, substantially lessening competition for unionized labor.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

India Should Question Europe’s Digital-Regulation Strategy

TOTM Ayear after it was created by the Government of India’s Ministry of Corporate Affairs to examine the need for a separate law on competition in . . .

Ayear after it was created by the Government of India’s Ministry of Corporate Affairs to examine the need for a separate law on competition in digital markets, India’s Committee on Digital Competition Law (CDCL) in February both published its report recommending adoption of such rules and submitted the draft Digital Competition Act (DCA), which is virtually identical to the European Union’s Digital Markets Act (DMA).

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

The View from Australia: A TOTM Q&A with Allan Fels

TOTM Our latest guest in Truth on the Market’s “Global Voices Forum” series is Professor Allan Fels, AO, of the University of Melbourne Law School. Allan is . . .

Our latest guest in Truth on the Market’s “Global Voices Forum” series is Professor Allan Fels, AO, of the University of Melbourne Law School. Allan is the retired foundation dean of the Australia and New Zealand School of Government (ANZSOG). Perhaps more famously, he was the chair of the Australian Competition & Consumer Commission (ACCC) from its inception in 1995 until June 2003.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Competencia y Marketplaces: Un ‘Delivery’ Fallido

Popular Media Cuando los procesos internos de una plataforma de comercio electrónico fallan, o cuando simplemente sus directivos o empleados toman decisiones equivocadas —digamos, enviando un pedido . . .

Cuando los procesos internos de una plataforma de comercio electrónico fallan, o cuando simplemente sus directivos o empleados toman decisiones equivocadas —digamos, enviando un pedido a una dirección incorrecta— un consumidor o un grupo de consumidores se ven perjudicados. Estos errores son fácilmente subsanables si la plataforma en cuestión tiene un buen proceso de atención al cliente.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection