Antitrust and Competition

Does Domestic Competition Help EU Firms Compete Abroad?

In a survey of nearly 400 European firms that export abroad, Elena Argentesi, Livia De Simone, Stephan Paetz, Vincenzo Scrutinio find that most firms believe that competition forces them to produce cheaper and higher quality products and services, allowing them to be more competitive in foreign markets.

How Tech Giants Make History

Richard R. John recounts how in the twentieth century the once-mighty Bell System, whose descendants include today’s Verizon and AT&T, waged a powerful decades-long public relations campaign, including the funding of history books and research centers, to persuade the public that its success rested in technological imperatives and economic incentives rather than a favorable regulatory landscape. Though the Bell PR campaign failed to stop three highly effective antitrust suits, it succeeded in establishing a story about management, competition, and innovation that many Americans—including several of today’s Big Tech critics—have uncritically repeated.

Draghi’s New Competition Tool Promises To Revamp Competition, but Comes With Challenges

Alessia D’Amico and Inge Graef discuss Mario Draghi’s proposal for a New Competition Tool to revamp competition in the European Union. They write the European Commission must think hard about its design to achieve the right balance.

A DOJ Victory Against Visa May Not Help Merchants or Consumers

Lulu Wang writes that the Department of Justice’s lawsuit against Visa for maintaining a monopoly in the debit card market will, if victorious, only impact a fraction of the transaction fees that burden merchants. And if the lawsuit opens up the market to more competition, there are reasons to believe a more fractured card network could end up hurting consumers and merchants.

Market Power Has Grown and Antitrust Needs Strengthening, Despite What Shapiro & Yurukoglu and Miller Suggest

Jonathan B. Baker and Fiona Scott Morton challenge the interpretations of two new papers from Carl Shapiro & Ali Yurukoglu and Nathan Miller, which question economy-wide trends toward a rise in market power and, if any such trend has occurred, that it is due to lax antitrust enforcement.

A Misreading of Procter & Gamble Has Long Hampered Antitrust Enforcement

In his recent article, John Kwoka accepts the antitrust community’s general opinion that Procter & Gamble requires courts and the antitrust agencies to weigh plaintiff rebuttals that a merger can produce extraordinary efficiencies even if it reduces competition. Jerry Cayford argues that this is an inaccurate reading of the Supreme Court’s decision, and it has hampered enforcement for decades.

Draghi says “Revamping Competition,” Not More of the Same

Mario Draghi’s report on raising European competitiveness contains two insights about competition policy. First, competition policy has a small but significant role to play in closing the “innovation gap” between the European Union, the United States and China. Second, increasing European productivity demands “revamping” competition through the introduction of technical-legal reforms.  

Why an Android Divestiture Is a Necessary Google Search Remedy

Steven C. Salop writes that only Google’s full divestiture of its Android operating system can avoid incentives on the part of Android and Google to preference Google’s apps, including its search engine, and stifle competition.

The Next Administration Must Finish the Merger Guidelines Revision

John Kwoka writes that the antitrust agencies under President Joe Biden made thoughtful revisions to the Merger Guidelines that will strengthen enforcement and competition. However, they still fall short in their treatment of the structural presumption and efficiencies defense, where both economics and the law provide grounds for strengthening. Current practices strain agency resources and permit anticompetitive mergers and acquisitions. The next administration must revisit these two issues.

Four Key Questions on Antitrust in Tech for the Next Four Years

Over the past four years, antitrust scrutiny has increasingly focused on large technology firms. Ginger Zhe Jin and Liad Wagman discuss the complexities of antitrust enforcement and policy in the digital age, highlighting the challenges of promoting innovation while fostering competition, and areas where consumer protection and antitrust are colliding or are set to collide. To that end, the authors identify several key questions that the next administration of the United States should address to better delineate between legal and illegal competitive practices in the digital age, with implications for the broader economy.

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