Techlash Goes to Court

Reviewing Facebook’s Mergers Could Have Negative Ripple Effects

How the pre-merger notification regime came about and why we should be careful about discouraging useful mergers.

The Antitrust Cases Against Facebook And Google: In Search of a Smoking Gun

In the Microsoft antitrust case, Bill Gates’ emails were perhaps the government’s most compelling evidence. Now, as regulators pursue antitrust cases against Facebook...

Why Isn’t the FTC Tackling Facebook’s Data-opoly?

Nothing in the FTC’s and states’ complaints’ prayer for relief seeks to give users greater control over their data, such as not...

The FTC’s Antitrust Case Against Facebook: Injunction, Divestiture, or Breakup?

While the FTC’s lawsuit against Facebook is unlikely to lead to a “breakup,” it could force Facebook to undo some mergers. Breaking things up...

Facebook Could Be Heading Towards a Breakup

Assuming Facebook’s acquisitions can be shown to have eliminated emerging rivals, reversing those acquisitions via divestiture—“the most important of antitrust remedies”—is the...

What the Department of Justice Can Learn from the European Union’s Antitrust Investigations Into Google

The Department of Justice has opened antitrust investigations into Google's (alleged) attempt to monopolize online advertising. While the case recycles old grievances...

The US v. Google Case Bears More Than a Little Resemblance to the Microsoft Antitrust Case

In many ways, the DOJ’s complaint is a near clone of the Microsoft case, making it a strong, low-risk first step in...

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Rethinking Competition: From Market Failures to Ecosystem Failures

Despite the overwhelming importance of digital platforms, and the chatter around their recent rise, our understanding of digital ecosystems is still limited....

A Famed Economist’s Public Company U-Turn

Michael Jensen, a leading late 20th century economist, pivoted from praising public companies in the 1970s to assailing public company governance in...

Chinese Antitrust 2.0: Why Is China Going After Its Big Tech?

In an interview with ProMarket, Angela Huyue Zhang, author of a new book Chinese Antitrust Exceptionalism, discusses the motivations behind the recent...

Preventing Drug Shortages and Saving Lives: The Role of Quality and Reliability Standards

Prescription drug shortages have become more common in recent years, interrupting usual medical care and increasing patient risk and system costs, but...

Facebook Break-up Can Be Feasible, Efficient, and Ultimately Beneficial to Consumers

Is the relief sought by the FTC in its case against Facebook the right way to go? In principle, yes. However, the...

A Simple Way to Measure Tipping in Digital Markets

Digital markets are prone to “tipping.” Policymakers are starting to look at tipping as a market failure worthy of consideration. But as...

The Most Famous Article on the Theory of the Firm is Widely Misunderstood

Michael Jensen and William Meckling’s famous 1976 Journal of Financial Economics article has been cited nearly 100,000 times and is often regarded...