The Unreasonable Demands of Antitrust Populism
A panelist brought up an interesting tongue-in-cheek observation about the rising populist antitrust movement at a Heritage antitrust event this week. To the extent that the new populist antitrust...
View ArticleThe illiberal vision of neo-Brandeisian antitrust
Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill...
View ArticleSenator Warner’s retrogressive proposals could lead to arbitrary and...
Last week, I objected to Senator Warner relying on the flawed AOL/Time Warner merger conditions as a template for tech regulatory policy, but there is a much deeper problem contained in his proposals....
View ArticleAnnouncement, TOTM blog symposium: Is Amazon’s Appetite Bottomless? The Whole...
Announcement Truth on the Market is pleased to announce its next blog symposium: Is Amazon’s Appetite Bottomless? The Whole Foods Merger After One Year August 28, 2018 One year ago tomorrow the...
View ArticleAmazon and Whole Foods, Historically Considered
Steve Horwitz is the Distinguished Professor of Free Enterprise, Department of Economics, at Ball State University In considering the importance of the Amazon merger with Whole Foods, some history is...
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Amazon-Whole Foods: The Speculation Then, the Evidence Today
Eric Fruits is the Chief Economist at the International Center for Law & Economics Last July, U.S. Congressman David N. Cicilline, who serves on the House Judiciary Antitrust Subcommittee, called...
View ArticleAmazon/Whole Foods: What Me Worry?
Robert D. Atkinson is President of the Information Technology and Innovation Foundation One year after the Amazon/Whole Foods merger, prices at Whole Foods stores have gone down. Amazon Prime members...
View ArticleThe Lasting Legacy of the Amazon-Whole Foods Merger Will Likely Be the Spread...
Will Rinehart is the Director of Technology and Innovation Policy at the American Action Forum When Amazon and Whole Foods announced they were pursuing a $13.7 billion deal in June of last year, the...
View ArticleIt’s Not Time To Panic About Amazon’s Purchase of Whole Foods. Yet.
Hal Singer is a Principal at Economists Incorporated and an Adjunct professor at Georgetown University’s McDonough School of Business When the Federal Trade Commission (FTC) waved through Amazon’s...
View ArticleThe Amazon / Whole Foods overreaction: Antitrust populism exposed
Dirk Auer is a Research Fellow at the Liege Competition and Innovation Institute Antitrust populism What is antitrust populism? In a deeply insightful paper, Barack Orbach defines it as “the use of...
View ArticleAre the antitrust laws any defense to the real dangers of mega-mergers and...
Jarod M. Bona is the CEO of and Attorney at BonaLaw PC as well as a writer at The Antitrust Attorney Blog. Steven Levitsky is also an Attorney at BonaLaw PC and a writer at The Antitrust Attorney...
View ArticleWhole Foods? Seriously? Why Are We Talking About Whole Foods?
Christopher L. Sagers is a Distinguished Professor of Law at the Cleveland-Marshall College of Law It is a useful thing sometimes to be a token liberal at a conservative academic conference.[1] More...
View ArticleThe Amazon-Whole Foods merger: Natural and organic competition in the...
Geoffrey A. Manne is the President & Founder at the International Center for Law & Economics. Kristian Stout is the Associate Director of Innovation Policy at the International Center for Law...
View ArticleAmazon-Whole Foods symposium wrap-up
On Tuesday, August 28, 2018, Truth on the Market and the International Center for Law and Economics presented a blog symposium — Is Amazon’s Appetite Bottomless? The Whole Foods Merger After One Year —...
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Elizabeth Warren wants to turn the internet into a literal sewer (service)
Near the end of her new proposal to break up Facebook, Google, Amazon, and Apple, Senator Warren asks, “So what would the Internet look like after all these reforms?” It’s a good question, because, as...
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This Too Shall Pass: Unassailable Monopolies That Were, in Hindsight,...
Source: Benedict Evans [N]ew combinations are, as a rule, embodied, as it were, in new firms which generally do not arise out of the old ones but start producing beside them; … in general it is not...
View ArticleAmazon is not essential
(The following is adapted from a recent ICLE Issue Brief on the flawed essential facilities arguments undergirding the EU competition investigations into Amazon’s marketplace that I wrote with...
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Is Amazon Guilty of Predatory Pricing?
In 2014, Benedict Evans, a venture capitalist at Andreessen Horowitz, wrote “Why Amazon Has No Profits (And Why It Works),” a blog post in which he tried to explain Amazon’s business model. He began...
View ArticleCan Experts Structure Markets? Don’t Count On It.
This guest post is by Corbin K. Barthold, Litigation Counsel at Washington Legal Foundation. Complexity need not follow size. A star is huge but mostly homogenous. “It’s core is so hot,” explains...
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Big Tech and Antitrust
[This post is the third in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by John E. Lopatka, Robert...
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Should We Break Up Big Tech? A Look Behind the (Political) Scenes
[This post is the sixth in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by Thibault Schrepel, Faculty...
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Why Don’t People Talk About Breaking Up Microsoft?
[This post is the seventh in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by Alec Stapp, Research Fellow...
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The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised...
These days, lacking a coherent legal theory presents no challenge to the would-be antitrust crusader. In a previous post, we noted how Shaoul Sussman’s predatory pricing claims against Amazon lacked a...
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Private Antitrust: What Hipsters Can Learn from Hulk Hogan
Antitrust populists have a long list of complaints about competition policy, including: laws aren’t broad enough or tough enough, enforcers are lax, and judges tend to favor defendants over plaintiffs...
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The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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Politics Has No Place in Antitrust Enforcement, Left or Right
The goal of US antitrust law is to ensure that competition continues to produce positive results for consumers and the economy in general. We published a letter co-signed by twenty three of the U.S.’s...
View ArticleThe Capitalist’s Lived Experience
Speaking about his new book in a ProMarket interview, David Dayen inadvertently captures what is perhaps the essential disconnect between antitrust reformers (populists, neo-Brandeisians, hipsters,...
View ArticleRegulating Big Tech Will Hurt Small Business
The writing is on the wall for Big Tech: regulation is coming. At least, that is what the House Judiciary Committee’s report into competition in digital markets would like us to believe. The...
View ArticleThe Dangerous Implications of Changing Antitrust Presumptions
One of the key recommendations of the House Judiciary Committee’s antitrust report which seems to have bipartisan support (see Rep. Buck’s report) is shifting evidentiary burdens of proof to...
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Breaking Down House Democrats’ Forthcoming Competition Bills
Democratic leadership of the House Judiciary Committee have leaked the approach they plan to take to revise U.S. antitrust law and enforcement, with a particular focus on digital platforms. Broadly...
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What Lina Khan’s appointment means for the House antitrust bills
PHOTO: C-Span Lina Khan’s appointment as chair of the Federal Trade Commission (FTC) is a remarkable accomplishment. At 32 years old, she is the youngest chair ever. Her longstanding criticisms of the...
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Going Back to Antitrust Basics
Advocates of legislative action to “reform” antitrust law have already pointed to the U.S. District Court for the District of Columbia’s dismissal of the state attorneys general’s case and the...
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Old Ideas and the New New Deal
Over the past decade and a half, virtually every branch of the federal government has taken steps to weaken the patent system. As reflected in President Joe Biden’s July 2021 executive order, these...
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Antitrust Populists Don’t Seem to Care About the Poor
[TOTM: The following is part of a digital symposium by TOTM guests and authors on Antitrust’s Uncertain Future: Visions of Competition in the New Regulatory Landscape. Information on the authors and...
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The Road to Antitrust’s Least Glorious Hour
[TOTM: The following is part of a digital symposium by TOTM guests and authors on Antitrust’s Uncertain Future: Visions of Competition in the New Regulatory Landscape. Information on the authors and...
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