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OpenMarket: Antitrust and Competition

  • Justice Department Shouldn't Second-Guess Shareholders in T-Mobile-Sprint Merger

    July 17, 2018

    T-Mobile and Sprint—the third and fourth largest mobile carriers in the United States, respectively—are in the process of merging into a single company under the T-Mobile brand. Together, T-Mobile–Sprint would have roughly 127 million subscribers, meaning the merged firm would for the first time rival the nations’ two largest wireless companies, Verizon Wireless and AT&T, which have long led the pack among U.S. carriers. 

  • A Quick Lesson in Antitrust: Netflix and Comcast

    July 8, 2018

    Every time a major corporate merger is announced, pundits predictably warn of impending doom if regulators allow it to happen. Yet, pundits and regulators don’t know any better than you or I how a merger will turn out. And unlike investors and entrepreneurs, they don’t have their own money at stake, so they don’t have any incentive to innovate or react to changing conditions.

  • Congress Should Reform Antitrust Law with SMARTER Act

    May 31, 2018

    When an American company wishes to merge with or acquire another company, reaching an agreement that satisfies both firms’ owners and managers is not always enough. For most mergers and acquisitions valued at over roughly $80 million, companies must submit tons of paperwork and pay a sizable fee to the Federal Trade Commission and the Department of Justice before they can finalize any deal. Once these filings are complete, the companies can’t finalize their transaction until a waiting period of up to 30 days has elapsed.

  • A New Bibliography for the Platform Economy

    May 9, 2018

    The future has arrived, and it is a radically different economy. Havas Media’s Tom Goodwin pointed out in 2015, “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media owner, creates no content. Alibaba, the most valuable retailer, has no inventory. And Airbnb, the world’s largest accommodation provider, owns no real estate. Something interesting is happening.” 

  • Zuckerberg Testimony Hints at Devil's Bargain with Big Government

    April 9, 2018

    Much of the political class in Washington, D.C. is currently holding its breath for the big event of the week: Facebook CEO Mark Zuckerberg’s long-awaited Capitol Hill testimony, starting tomorrow morning before a joint session of the Senate Judiciary and Commerce Committees and continuing the next day before the House Energy and Commerce Committee. 

  • Consumers Lose in European Union's Struggle against Google

    March 26, 2018

    Anti-technology hysteria continues to build in the European Union. Margrethe Vestager, the European Commissioner for Competition, confirmed today that she is still considering breaking up Google into smaller companies, ostensibly to protect online competition. This follows the Commission’s proposals for “Fair Taxation of the Digital Economy” that appeared on March 21st, which seek to redefine where profits for digital companies are registered and subject to corporate taxation, as well as introducing a new “interim tax” on revenues to generate more money for the Commission’s coffers.

  • Gains from Automation Create Path to Greater Prosperity

    March 20, 2018

    Automation has become somewhat of a dirty word recently. Fear of mass unemployment and widening inequality has led to calls for greater regulations of technology companies, expanded programs of redistribution, and even a “robot tax” to discourage adoption of labor-saving technologies. These fears, however, focus too much on the short-term disruption that creative destruction brings, ignoring the long-term opportunities for human advancement that comes along with it. 

  • Online Sales Tax Bill a Small-Business Killing Tax Hike

    March 16, 2018

    The Wall Street Journal editorial board was entirely correct yesterday when they said, “Republicans have spent the last year cutting taxes and regulations, which hasn’t been easy. But now some Members of Congress want to blunt their handiwork by passing an online sales tax. Yes, they actually believe this would be good policy and politics.”

  • The Supreme Court Case That Would Catch the Law Up to Economic Reality

    March 9, 2018

    As more and more services move into platform business models as the lower transaction costs they facilitate increase consumer welfare, platform firms need assurance that the law understands how they operate, and does not unfairly hinder their development. While much more needs to be done to improve the regulatory environment for these companies, acknowledging the competitive structure of two sided markets is a significant step in the right direction.

  • Theory and Practice Argue We Should Abolish Antitrust Laws

    January 29, 2018

    Laws about competition should be restricted to laws preventing government from playing favorites. Government-erected barriers against competition or innovation need to be torn down. As current antitrust law is itself a barrier to innovation, it should be one of the first targets.


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