The European Commission’s draft merger Guidelines adopt the advice of the Draghi report on European Union competitiveness to tailor competition law to promote goals that have traditionally fallen under industrial, trade, and national security policy. Conceptual ambiguity and the convergence of these policy areas risk undermining consumer welfare, entrenching incumbents, and opening regulation to business capture, write Annika Stöhr and Oliver Budzinski.
The caution of Judge Amit Mehta’s remedy in the Google Search case is unlikely to open internet search to competition. Steve Salop recommends several amendments to the remedy that can improve competition without undercutting the revenue that has benefited Google’s partners to date.
Digital marketplaces make comparing credit lending options easier for potential borrowers. However, Jeromee "JJ" Johnson cautions that online platforms may be turning comparison itself into a signal to lenders—at a cost to applicants.
New research by Hosein Maleki, Mahsa Kaviani, Simi Kedia, and Shay Pourvosoughi shows that women-owned firms are less likely to get a second chance after filing for bankruptcy and that the gap between male- and female-owned firm filings widens when courts are overloaded.
Using a proprietary dataset, Dave Jochnowitz, Steven Singer, and Mona Birjandi analyze trends in the Securities and Exchange Commission’s whistleblower program. They find that sanctions have concentrated in a select few violation categories, raising the possibility that the program is structurally guiding enforcers to focus on certain violation types to the neglect of others.