antitrust and competition
The European Union’s Big Policy Bet Against the Tech Giants
If EU policymakers are truly concerned about restoring competitiveness to digital markets, they need to adjust their expectations when it comes to data access...
Tech Platforms and the Antitrust Duty to Deal
Why is there a widespread view that existing American antitrust law is ill-equipped to address dominant platforms that exclude or discriminate against rivals? How...
Is there a “California Effect” in Data Privacy Law? Why the EU is Not the World’s Privacy Cop
It is common lore in data privacy law and other fields that stringent regulatory standards (such as the ones introduced in the EU’s GDPR)...
Missing the Forest for the Trees: A Reply to Hovenkamp and Shapiro
The Federal Trade Commission’s now-abandoned 2020 Vertical Merger Guidelines were not some ideal economic document that the FTC foolishly disregarded; rather, they failed spectacularly...
How Will the FTC Evaluate Vertical Mergers?
The Federal Trade Commission’s recent withdrawal of its 2020 vertical merger guidelines is flatly incorrect as a matter of microeconomic theory and is contrary...
The Roots of America’s Competition Revolution
Proponents of the current transformation in America’s competition policy managed to shape legislative reform proposals, push public antitrust agencies to boost enforcement, and successfully pressure the...
The Complicated Legacy of the “Chicago Boys” in Chile
How did a group of Chicago-trained economists manage to turn Chile into the cradle of neoliberalism? As the country aims to move away from...
The DOJ’s “New Madison” Doctrine Disregards Both the Economics and the Law of Innovation
DOJ’s “New Madison” approach to antitrust and intellectual property law dictates that antitrust should stay out of disputes over patents, even when market power...
What’s Behind Amazon’s Demand that FTC Chair Lina Khan Recuse Herself?
Amazon’s attempt to get Khan to recuse herself from any antitrust investigation into the company is not the first time that a company has...
Competition Problems in Prescription Drug Market
Although not the sole cause of high prescription drug costs, abusive practices that distort competition contribute to the problem. Too many companies exclude competition...
