antitrust and competition
Antitrust Law’s Unwritten Rules of Unfair Competition
Does the Sherman Act actually “protect competition, not competitors”? An examination of the case law reveals a more nuanced picture, in which the courts...
The New Brandeis Movement and International Antitrust Enforcement
US competition authorities’ top officials, being appointed by a recently-elected president to represent the will of the voters, have the legitimacy to use antitrust...
Frances Haugen’s Leaking of the Facebook Papers Will Hurt Decision-Making at Tech Companies
Despite Mark Zuckerberg’s assurances that Facebook will continue its research program, it seems almost inevitable that the company will narrow the scale and scope of the...
Antitrust’s Labor Market Problem
A series of academic studies in recent years highlighted the fact that labor markets are often highly concentrated and that employers use anticompetitive methods...
Facebook’s Responses to Criticism Sound Too Good to Be True
The Facebook Papers show how Facebook’s relentlessly positive and defiant PR messaging is not plausible anymore. Hence, a rebrand.
It sounds too good to be...
The European Union’s Big Policy Bet Against the Tech Giants
If EU policymakers are truly concerned about restoring competitiveness to digital markets, they need to adjust their expectations when it comes to data access...
Tech Platforms and the Antitrust Duty to Deal
Why is there a widespread view that existing American antitrust law is ill-equipped to address dominant platforms that exclude or discriminate against rivals? How...
Is there a “California Effect” in Data Privacy Law? Why the EU is Not the World’s Privacy Cop
It is common lore in data privacy law and other fields that stringent regulatory standards (such as the ones introduced in the EU’s GDPR)...
Missing the Forest for the Trees: A Reply to Hovenkamp and Shapiro
The Federal Trade Commission’s now-abandoned 2020 Vertical Merger Guidelines were not some ideal economic document that the FTC foolishly disregarded; rather, they failed spectacularly...
How Will the FTC Evaluate Vertical Mergers?
The Federal Trade Commission’s recent withdrawal of its 2020 vertical merger guidelines is flatly incorrect as a matter of microeconomic theory and is contrary...
