Antitrust and Competition

Why the Antitrust Agencies Should Consider Prior Bad Acts in Merger Review

As the federal antitrust agencies consider revising the merger guidelines, they should add consideration of the merging parties’ previous bad acts, write Michael A....

Reclaiming The Antitrust Law Of Potential Competition Mergers

In order to discuss the Meta/Within merger decision, it is important to understand the legal underpinnings and history of competition merger cases. Most mergers that...

Why “The Jury’s Out” on the Government’s Case Against Google’s Ad Tech Monopoly

Last month, the U.S. Department of Justice and eight states sued Google, claiming it runs its digital ad business to unfairly advantage its own...

An Excessive Evidentiary Burden Sunk the FTC’s Case Against the Meta/Within Merger

In early February, a district court judge rejected the FTC’s preliminary injunction suit to block Meta’s purchase of Within, a developer of a virtual...

How the AT&T Case Can Inform Big Tech Breakups

Breaking up companies that antitrust regulators consider too dominant can be costly and might negatively impact innovation and consumer welfare. As economists and policymakers...

A New Merger Tool Protects Consumers from Limits of the Cournot Effect

The widely accepted Cournot effect assumes that the merger of complementary firms benefits downstream firms and consumers (in addition to the merged firms themselves)...

User Hesitancy Increases Online Platforms’ Incumbency Advantage

“Incumbency advantage” among Big Tech platforms recognizes that network effects prevent users from leaving established platforms for emerging competitors. Gary Biglaiser, Jacques Crémer, and...

Antitrust Deregulation is Undermining Innovation

A 2000 amendment to the Hart-Scott-Rodino Act made it easier for firms to merge without notifying US antitrust authorities. In new research, Giovanni Morzenti...

The FTC’s Non-Compete Ban Will Force Questions Over the Scope of its Authority

To understand why a proposed rule could spark a Supreme Court battle over the Federal Trade Commission’s powers to regulate the American economy requires...

Survey Highlights Backlash to Increasingly Political Corporate America

A recent poll shows that 71% of Americans view large companies negatively. The change has been driven by Republicans who dislike the rise of...

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