Commentary

An outlet for insiders to speak freely (as they remain anonymous to the reader) on what they perceive as problematic practices in their own industry – with an emphasis on how the industry tweaks the rules of the game and captures regulation.
“People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice.” Adam Smith – An Inquiry into the Nature and Causes of the Wealth of Nations (1776)

Antitrust and Competition

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

Alissa Cooper

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.

Antitrust and Competition

Merger Review Should Test for Labor Market Mavericks

Shishene Jing

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.

Antitrust and Competition

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

Manuel Abarca Meza

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.

Antitrust and Competition

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

Francesca Chiaradia

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.

Commentary

The G7 Is Failing To Address Global Imbalances

Joshua Banerjee

The global economy is in the early stages of a second China shock as the Chinese economy moves up the manufacturing value chain to produce advanced technology for export. China’s advantage lies in government subsidies and an artificially suppressed exchange rate. If advanced economies in the West are to avoid the repetition of job loss and continued trade deficits witnessed over the last two decades, or the pyrrhic policies like tariffs implemented to address these harms, they must pursue institutional change, writes Joshua Banerjee.

Antitrust and Competition

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

Shishene Jing

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.

Antitrust and Competition

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

Shishene Jing

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.

Antitrust and Competition

AICOA II Is America’s Reverse Industrial Policy Initiative

Herbert Hovenkamp

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...

Commentary

The Proposed California Billionaire Wealth Tax Produces Inequities and Adverse Incentives

Ray Ball

California’s proposed wealth tax on billionaires will struggle to accurately value and tax the wealth of California’s richest. Rather than fund the state’s massive budgetary commitments, the bill may drive away its largest taxpayers, write Ray Ball and Andrew Sutherland.

Commentary