Antitrust and Competition

“Pay for Half” Offers a Better Remedy for Google’s Search Monopoly

A remedy of “Pay for Half” that limits the share of devices for which Google can pay for default search status, as well as the share of revenue Google can pay its channel parters for that status, offers a middle ground that would help restore competition while preserving revenue for distribution partners, argue Alissa Cooper, Fiona Scott Morton, and Nick Jacobson.

Merger Review Should Test for Labor Market Mavericks

Although merger review now acknowledges potential harms to labor markets, the analytical tools remain underdeveloped. Shishene Jing proposes identifying “labor market mavericks” as companies essential to maintaining competition among employers and preventing mergers that could reduce wages and other worker benefits.

Chilean Regulators Are Exploring the Effects of a “No Exception” Rule Against Most-Favored Nation Clauses in Digital Markets

Chilean authorities are testing an unofficial “independence rule” that forbids digital platforms from exerting further influence over how business users set their own prices through most-favored-nation clauses. Manuel Abarca Meza assesses how this rule could potentially fit into antitrust case law and whether or not it effectively weighs the risks against market efficiencies.

Green Public Procurement Was Supposed To Reduce Emissions. It’s Also Reducing Competition

The federal Buy Clean initiative illustrates how procurement quotas can alter market structure by raising compliance costs and rewarding scale. As states expand their own Buy Clean programs, competition effects deserve the same scrutiny as environmental ones, writes Francesca Chiaradia.

Fears of “Anticompetitive Acquiescence” in AI Copyright Do Not Survive Empiricism

Responding to Mark Lemley and Jacob Noti-Victor, Shishene Jing argues that licensing deals struck by incumbent artificial intelligence firms with content owners will not disadvantage smaller AI rivals. Even if such deals establish a legal precedent requiring licenses, content owners have little incentive to actually sue small, cash-poor AI startups, making the precedent toothless in practice.

When Competitors Share Owners, They Automate More and Hire Less

In a new paper, Joseph Emmens, Dennis C. Hutschenreiter, Stefano Manfredonia, Felix Noth, and Tommaso Santini find that when competitors for the same pool of workers share investors, they increase their innovation to automate tasks and slow down hiring.    

If Venture Capital Believes Merger Control Stymies Growth, They Have the Resources To Prove It

Supporters of more robust antitrust policy have pointed to the subsequent success of Figma after authorities blocked Adobe’s acquisition of it. Skeptics, including venture capitalists, have argued that the one case reveals nothing systematic about the benefits of stronger merger review. Venture capitalists happen to be the one party with the data and resources to fund the studies to show any systematic correlation one way or the other. They should do so, writes Shishene Jing.

AICOA II Is America’s Reverse Industrial Policy Initiative

The revived American Innovation Choice Online Act singles out a handful of Big Tech giants for unique, antitrust-like restrictions, but without the standard methodological...

Firm Coordination Creates Unstable Merger Waves 

In new research, Semih Üslü and Flavien Moreau argue that waves of mergers and acquisition, which are typically unstable and ultimately crash, are not driven by changes in economic conditions, but by self-reinforcing appetite for mergers among firms when others are also engaging in M&A. Policies that drive stable, low-merger conditions can lead to better outcomes for consumers.

The Draft Merger Guidelines Must Make More Explicit the EU’s Constitutional Values

The EU’s constitutional framework and European Union Court of Justice’ case law have evolved since the European Union enacted the first Merger Guidelines in 2004. The revised Merger Guidelines should better engage with these developments and reflect the priority constitutional values and democracy now play in economic policy, writes Kati Cseres.

Latest news