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Big Yet Not-So-Surprising Antitrust News Of the Day: EU Opens Google Investigation

TOTM The EU has launched its preliminary investigation of Google’s search engine and search advertising businesses.  From the Financial Times… Read the full piece here. 

The EU has launched its preliminary investigation of Google’s search engine and search advertising businesses.  From the Financial Times…

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Antitrust & Consumer Protection

Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

TOTM There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But . . .

There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But having just read the complaint and the statements from Chairman Leibowitz and Commissioner Rosch discussing the various rationales for making Section 5 the primary hook for this case, I wanted to share two thoughts about defenses for the move that appear in those statements.

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Antitrust & Consumer Protection

Surcharging and Honor-All-Cards

TOTM Generally, merchants charge the same price regardless of the type of payment instrument used to make purchases. In many jurisdictions, merchants are not allowed to . . .

Generally, merchants charge the same price regardless of the type of payment instrument used to make purchases. In many jurisdictions, merchants are not allowed to add a surcharge for payment card transactions because of legal (some states in the U.S. do not allow surcharges) or contractual (card networks generally do not allow surcharges) restrictions. But, merchants may be permitted to offer discounts for noncard payments. Economic models of payment cards generally conclude that social welfare improves if merchants set prices based on payment instrument used.

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Financial Regulation & Corporate Governance

Seven Truths About Regulating Interchange

TOTM Interchange fees on payment cards are obviously a hot topic in the United States, but also in Europe and in many other countries around the . . .

Interchange fees on payment cards are obviously a hot topic in the United States, but also in Europe and in many other countries around the world.  The report on interchange fees released last month by the US Government Accounting Office (GAO) notes that more than 30 countries have intervened or are considering intervening in the payment card industry.

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Financial Regulation & Corporate Governance

Oracle is nonplussed; the DOJ is . . . plussed?

TOTM The European Commission has issued a Statement of Objections in response to Oracle’s proposed acquisition of Sun.  The deal had already cleared the DOJ’s review.  . . .

The European Commission has issued a Statement of Objections in response to Oracle’s proposed acquisition of Sun.  The deal had already cleared the DOJ’s review.  Oracle is none too happy about the development, issuing a strongly-worded statement.  Here’s a taste…

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Antitrust & Consumer Protection

As New York goes, so goes the FTC?

TOTM The New York Times is reporting that New York’s attorney general, Andrew Cuomo, has filed an antitrust suit against Intel.  According to the report… Read . . .

The New York Times is reporting that New York’s attorney general, Andrew Cuomo, has filed an antitrust suit against Intel.  According to the report…

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Antitrust & Consumer Protection

EU Intel Fines Attract Rebuke

TOTM I’ve criticized the European Commission’s antitrust attack against Intel here and the resulting $1.44 billion fine.  Now the EU is drawing fire for allegedly burying . . .

I’ve criticized the European Commission’s antitrust attack against Intel here and the resulting $1.44 billion fine.  Now the EU is drawing fire for allegedly burying testimony, or at least failing to record it in a satisfactory manner, from Dell that it chose Intel’s chips not because of the coercive force of any of Intel’s rebates but because it preferred the performance of those chips over AMD’s product offerings.  Part of the problem here is that the EU’s 542 page  decision remains confidential and so it is impossible to tell what kind of impact this testimony would have on the issue of liability — and indeed the WSJ story sensibly suggests that there is little reason to believe that disclosure of this evidence would have changed the outcome.  The WSJ story concludes by taking a swing at EU procedure…

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Antitrust & Consumer Protection

The EU’s Bass Ackward Approach to Evaluating Mergers

TOTM As American antitrust regulators hurtle headlong toward a Europeanized (i.e., competitor-focused) antitrust, I do hope they will at least avoid the tack the EU has . . .

As American antitrust regulators hurtle headlong toward a Europeanized (i.e., competitor-focused) antitrust, I do hope they will at least avoid the tack the EU has taken in evaluating Lufthansa’s proposed takeover of Austrian Airlines. The Wall Street Journal is reporting that EU Antitrust Chief Neelie Kroes has directed her subordinates to draft a “conditional clearance” that approves the merger subject to Lufthansa’s surrender of a number of routes. Lufthansa offered to give up those routes “in response to the concerns raised by competitors,” the Journal reports. It also reports that EU regulators enlisted the assistance of Lufthansa’s competitors in fashioning the conditions to merger approval…

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Antitrust & Consumer Protection

US Antitrust Becomes More European

Popular Media Last week the European Commission slapped Intel Corporation with the largest antitrust fine in the Commission’s history, announcing that the sanctions were necessary to protect consumers from the egregious abuses of a “dominant firm.”

Last week the European Commission slapped Intel Corporation with the largest antitrust fine in the Commission’s history, announcing that the sanctions were necessary to protect consumers from the egregious abuses of a “dominant firm.” What did Intel do to merit this sanction? Whatever its intentions were, its actions leading up to the fine resulted inarguably in lower prices for consumers.

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Antitrust & Consumer Protection