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Antitrust & Democracy

TL;DR In recent years, a set of politicians, academics, regulators, and activists have called for more stringent antitrust scrutiny of companies perceived to be threats to democracy simply by virtue of their size. Today, the brunt of these criticisms target so-called “big tech” companies.

Background…

In recent years, a set of politicians, academics, regulators, and activists have called for more stringent antitrust scrutiny of companies perceived to be threats to democracy simply by virtue of their size. Today, the brunt of these criticisms target so-called “big tech” companies (see herehere, and here).

But…

There is little evidence to support the contention that more concentrated markets lead to less democratic outcomes. Furthermore, the fears of private economic power expressed by advocates for more forceful antitrust tend to elide the genuine threat of state coercion. This is at odds with key principles of liberal democracy, such as the rule of law and freedom from arbitrary state interference.

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Antitrust & Consumer Protection

Are All Mergers Inherently Anticompetitive?

TOTM A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in . . .

A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in the real world: firms start competing on price, one firm loses out, that firm agrees to sell itself to the other firm and, finally, prices are jacked up. (Warning: Keep the video muted. The voice-over is painful.)

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Antitrust & Consumer Protection

FTC Launches Commercial Surveillance Rulemaking

TOTM The Federal Trade Commission (FTC) launched one of the most ambitious rulemakings in agency history Aug. 11, with its 3-2 vote to initiate Advance Notice of Proposed . . .

The Federal Trade Commission (FTC) launched one of the most ambitious rulemakings in agency history Aug. 11, with its 3-2 vote to initiate Advance Notice of Proposed Rulemaking (ANPRM) on commercial surveillance and data security. The divided vote, which broke down on partisan lines, stands in stark contrast to recent bipartisan efforts on Capitol Hill, particularly on the comprehensive American Data Privacy and Protection Act (ADPPA).

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Antitrust & Consumer Protection

Three Big Pitfalls in the Way of Lina Khan’s Agenda

TOTM In a recent op-ed for the Wall Street Journal, Svetlana Gans and Eugene Scalia look at three potential traps the Federal Trade Commission (FTC) could trigger if it . . .

In a recent op-ed for the Wall Street Journal, Svetlana Gans and Eugene Scalia look at three potential traps the Federal Trade Commission (FTC) could trigger if it pursues the aggressive rulemaking agenda many have long been expecting.

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Antitrust & Consumer Protection

Zero-Price Platform Services: There is No Free Lunch in Applying the ‘No Free Lunch’ Principle

Scholarship Abstract The well-known economic principle that “there is no such thing as a free lunch” (NFLP) has enjoyed a recent revival in the assessment of . . .

Abstract

The well-known economic principle that “there is no such thing as a free lunch” (NFLP) has enjoyed a recent revival in the assessment of digital markets in antitrust. There is a belief that NFLP implies zero-price platform services must somehow be “paid for” by consumers in some manner—such as the loss of privacy and valuable data. Others have gone further, asserting that consumers are not only made worse off by the data collection and use that attend zero-price platform services, but that this state of affairs necessarily points to a lack of competitive alternatives. Both assertions are invalid, pressing the NFLP beyond the limits of logical inference. Inferences about who pays resource costs, and whether those payments reflect market power, are empirical questions as illuminated by other economic principles. Answers to such critical questions cannot be plucked from an NFLP magic hat.

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Antitrust & Consumer Protection

The FTC Works up a Sweat Over Virtual-Reality Fitness Market

Popular Media Is it illegal for a company to own two related virtual reality games? The Federal Trade Commission (FTC) thinks it is and is now suing Meta, . . .

Is it illegal for a company to own two related virtual reality games? The Federal Trade Commission (FTC) thinks it is and is now suing Meta, Facebook’s parent company, for buying the VR studio Within, best known for the extremely niche game Supernatural. A closer look at the FTC’s challenge, however, suggests that the suit was more likely ginned up to get headlines than to foster competition in the rapidly growing VR business.

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Antitrust & Consumer Protection

Antitrust’s Uncertain Future Roundup: The Minority Report

TOTM Philip K Dick’s novella “The Minority Report” describes a futuristic world without crime. This state of the world is achieved thanks to the visions of . . .

Philip K Dick’s novella “The Minority Report” describes a futuristic world without crime. This state of the world is achieved thanks to the visions of three mutants—so-called “precogs”—who predict crimes before they occur, thereby enabling law enforcement to incarcerate people for crimes they were going to commit.

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Antitrust & Consumer Protection

The Road to Antitrust’s Least Glorious Hour

TOTM Things are heating up in the antitrust world. There is considerable pressure to pass the American Innovation and Choice Online Act (AICOA) before the congressional recess in August—a short . . .

Things are heating up in the antitrust world. There is considerable pressure to pass the American Innovation and Choice Online Act (AICOA) before the congressional recess in August—a short legislative window before members of Congress shift their focus almost entirely to campaigning for the mid-term elections. While it would not be impossible to advance the bill after the August recess, it would be a steep uphill climb.

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Antitrust & Consumer Protection

Waking up to Platform Regulation

TOTM Brrring! “Gee, this iPhone alarm is the worst—I should really change that sometime. Let’s see what’s in my calendar for today…” Read the full piece . . .

Brrring! “Gee, this iPhone alarm is the worst—I should really change that sometime. Let’s see what’s in my calendar for today…”

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Antitrust & Consumer Protection