Antitrust and Competition

Meta’s Winning Market Definition in Its Monopoly Case Relied on a Flawed Empirical Assumption

Meta prevailed in its monopoly case against the Federal Trade Commission by showing that the FTC’s market definition of personal social media was too narrow. However, Meta’s argument—and Judge James Boasberg’s ruling—rested on a flawed empirical assumption that confuses how users divert their time to other activities when no longer able to use a Meta platform with true product substitution.

Everyone Wants Competition. Few Ask What Kind

In a new volume chapter, Shai Agmon and Samuel Bagg argue that academic and policy references to “competition” often fail to distinguish between competition’s many forms. Their disaggregation of competition into two complementary processes—parallel and friction competition—helps to clarify the neo-Brandeisian approach to competition policy and its advantages over the traditional consumer welfare approach.

Sharing a Leader With Your Rival Firm Increases Odds of Collusion

In new research, Alejandro Herrera-Caicedo, Jessica Jeffers, and Elena Prager find that firms that share a C-suite executive or board director are much more...

Do Pharmaceutical Acquisitions Undermine Innovation by Disrupting Human Capital?

Antitrust authorities increasingly assess mergers through the lens of innovation, particularly in research-intensive sectors such as pharmaceuticals. In new research, Carmine Ornaghi and Lorenzo Cassi show how mergers disrupt human capital and reduce innovation in what they call manslaughter acquisitions.

AI Transforms Search in a Way That Could Make Google’s Default Advantage Stronger

Judge Amit Mehta’s remedies for Google’s search monopoly stopped short of banning payments for default search placement, reflecting the hope that generative AI will erode the power of traditional search. Cristian Santesteban argues the opposite: in the AI era of search, defaults may matter more by steering critical data and learning signals from AI-powered search sessions to the most dominant product. This mechanism can potentially compound Google’s advantage.

What 150 Years of the Telephone Teaches Us About Regulating Digital Communications

On the 150th anniversary of the first telephone call, John Haigh, Nancy Rose, and Jonathan Sallet reflect on lessons from the history of telecommunications...

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.

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