Antitrust and Competition

Repealing P2B-Regulation as Part of Digital Omnibus Allows the EU To AI-Proof the DMA

The EU’s proposed Digital Omnibus to simplify digital regulation suggests repealing the 2019 Platform-to-Business Regulation. This poses a problem for the Digital Markets Act, which relies on the P2B-Regulation for how to define core platform services like search engines. Moving forward with the repeal will require legislators to renegotiate first the DMA, which is necessary anyways to adapt the law to the age of artificial intelligence, writes Jan-Frederick Göhsl.

The Jedi Blue Network Bidding Agreement Is Monopoly Maintenance

Previous plaintiffs have argued unsuccessfully that Google’s Jedi Blue agreement with Facebook is anticompetitive and illegal. The agreement grants Facebook preferential access to Google’s dominant digital advertisement system in exchange for not building competing technologies. The plaintiffs’ challenges to Jedi Blue would have been on stronger ground had they argued that Jedi Blue is compelling evidence of illegal monopoly maintenance, as occurred in Microsoft, writes Joshua B. Gray.

Brazil Shows That Protecting Children and Digital Competition Are Complementary Efforts

Brazil’s new child protection law has gained less global press than its new digital competition bill. However, the two are complementary efforts that demonstrate how governments must rethink how different regulatory concerns and mandates blend into one another in the digital economy.

The Nexstar-Tegna Merger Will Raise Your Cable Bill, and Then Some

The proposed merger of local broadcast television station owners Nexstar and Tegna will create a behemoth that threatens to raise consumer prices for multi-video programming subscriptions, increase advertising rates for local businesses, and reduce viewers’ exposure to diverse viewpoints. The government can and should block the merger but politics threatens to usurp law and economics, writes Diana L. Moss.

How To Link Competition Law With Democracy

In the second of two articles, Stavros Makris and Filip Lubinski discuss how governments can reimagine competition policy to protect democracy and citizen welfare without abandoning traditional consumer welfare goals like innovation.

Has Competition Law Failed Democracy?

In the first of two articles, Stavros Makris and Filip Lubinski discuss the connection between economic competition and democracy and how competition law allowed Big Tech to undermine both.

When Search Becomes Advice and Advice Raises Prices

In new experimental research, Amit Zac and Michal Gal find that users who use artificial intelligence chatbots to conduct online shopping are being directed to established brands at higher prices without a clear improvement in quality. The logic of AI algorithms risks consolidating markets around established firms while reducing consumer welfare for shoppers.

How Stronger Non-Compete Agreements Slow Innovation

In new research exploiting state-level changes in non-compete enforceability, Kate Reinmuth and Emma Rockall find that stronger non-competes have historically reduced innovation in the United States. These declines are driven by sharp drops in inventor mobility and knowledge spillovers, especially in young, high-growth sectors.

Common Ownership May Reduce the Entry of Cheaper Generic Drugs

In new research, Martin Schmalz and Jin Xie examine how shareholder preferences influence the United States pharmaceutical industry. They find that generic-drug manufacturers sometimes harm their firms’ own value when doing so benefits shareholder portfolios, who frequently have stakes in competing brand-name firms.

China Seeks To Save Innovation by Choking Competition

China has enacted a new competition policy that seeks to boost innovation by stifling cutthroat price competition. Padding companies’ margins will enable collusion and regulatory capture rather than innovation, write Victor Jiawei Zhang and Yahui Song.

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