The New Merger Guideline Commandments: Thirteen is an Unlucky Number
On July 19, the Department of Justice (DOJ) and Federal Trade Commission (FTC) (the agencies) finally issued new draft Merger Guidelines (DMG), open to public comments for . . .
The New Merger Guideline Commandments: Thirteen is an Unlucky Number
Note to the FTC: Punishing Efficiency Means Destroying Competition
Yesterday, Lina Khan’s FTC released their long-awaited draft merger guidelines for public comment. Regrettably yet unsurprisingly, the new guidelines are a radical departure from established case law . . .
New Merger Guidelines Are As Expected. That’s Not a Compliment.
Fifteen months after the close of the comment period, we finally have the release of the draft merger guidelines by the Federal Trade Commission (FTC) and the . . .
What Is a Barrier to Entry?
Why do monopolies exist? Many textbooks point to barriers to entry as a cause of monopolies. Tyler Cowen and Alex Tabarrok’s textbook says: “In addition to patents, . . .
The CJEU’s Decision in Meta’s Competition Case: Sensitive Data and Privacy Enforcement by Competition Authorities (Part 2)
Yesterday, I delved into the recent judgment in the Meta case (Case C-252/21) from the Court of Justice of the European Union (CJEU). I gave a preliminary . . .
Enforcing the DMA is Easier Said Than Done: Evidence From the Commission’s Draft Template for DMA Compliance Reports
The European Commission early last month published its draft template for DMA-compliance reports. This is the document that gatekeepers will periodically need to fill out, . . .
The CJEU’s Decision in Meta’s Competition Case: Consequences for Personalized Advertising Under the GDPR (Part 1)
Today’s judgment from the Court of Justice of the European Union (CJEU) in Meta’s case (Case C-252/21) offers new insights into the complexities surrounding personalized . . .
The FTC Shouldn’t Try to Make Amazon Divest Its Logistics Service
Bloomberg reports that the Federal Trade Commission (FTC) plans a suit against Amazon to force the divestiture of the company’s logistics service. The suit, if correctly . . .
The Paradoxical Perils of Mandatory ‘Competition’ in Merchant Routing of Credit-Card Transactions
Sen. Richard Durbin (D-Ill.) earlier this month introduced legislation that aims to manufacture competition in the routing of credit-card transactions. If enacted, the measure would require that . . .