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May 13, 2019

An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data

Geoffrey A. Manne

The courtroom trial in the Federal Trade Commission’s (FTC’s) antitrust case against Qualcomm ended in January with a promise from the judge in the case, Judge Lucy Koh, to issue a ruling as quickly as possible — caveated by her acknowledgement that the case is complicated and the evidence voluminous.

Antitrust & Consumer Protection

May 13, 2019

In Apple v Pepper, SCOTUS leaves home without its Amex

Geoffrey A. Manne & Kristian Stout

It might surprise some readers to learn that we think the Court’s decision today in Apple v. Pepper reaches — superficially — the correct result. But, we hasten to add, the Court’s reasoning (and, for that matter, the dissent’s) is completely wrongheaded.

Antitrust & Consumer Protection

May 7, 2019

Is Amazon Guilty of Predatory Pricing?

Kristian Stout & Alec Stapp

Predatory pricing is a rather rare anticompetitive practice because the “predator” runs the risk of bankrupting itself in the process of trying to drive rivals out of business with below-cost pricing.

Antitrust & Consumer Protection

May 2, 2019

The ICANN Board’s Important Test of Independence: .Amazon

Kristian Stout

One of the main concerns I had during the IANA transition was the extent to which the newly independent organization would be able to behave impartially, implementing its own policies and bylaws…

Antitrust & Consumer Protection

April 25, 2019

Deadweight loss from no monopoly

Eric Fruits

The once-mighty Blockbuster video chain is now down to a single store, in Bend, Oregon. It appears to be the only video rental store in Bend, aside from those offering “adult” features. Does that make Blockbuster a monopoly?

Antitrust & Consumer Protection

April 12, 2019

BRIEF OF RICHARD A. EPSTEIN & GEOFFREY A. MANNE, IN SUPPORT OF Defendant in Pulse Network, LLC v. Visa Incorporated

Geoffrey A. Manne & Richard Epstein

To establish antitrust standing, Pulse must show not only “injury causally linked to an illegal presence in the market” but also antitrust injury “attributable to an anti-competitive aspect of the practice under scrutiny.”

Antitrust & Consumer Protection

April 3, 2019

Is European Competition Law Protectionist? Unpacking the Commission’s Unflattering Track Record

Dirk Auer

In a new ICLE Issue Brief, we question whether there is any merit to these claims of protectionism. We show that, since the entry into force of Regulation 1/2003, US firms have borne the lion’s share of monetary penalties imposed by the Commission for breaches of competition law.

Antitrust & Consumer Protection

April 2, 2019

Amazon is not essential

Kristian Stout

The following is adapted from a recent ICLE Issue Brief on the flawed essential facilities arguments undergirding the EU competition investigations into Amazon’s marketplace that Kristian Stout wrote with Geoffrey Manne.

Antitrust & Consumer Protection

April 1, 2019

This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight, Eminently Assailable

Geoffrey A. Manne & Alec Stapp

Elizabeth Warren wants to break up the tech giants — Facebook, Google, Amazon, and Apple — claiming they have too much power and represent a danger to our democracy. As part of our response to her proposal, we shared a couple of headlines from 2007 claiming that MySpace had an unassailable monopoly in the social media market.

Antitrust & Consumer Protection

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