antitrust
The ostensible purpose of antitrust policy is to promote healthy competition in the marketplace, but antitrust enforcement has largely protected inefficient firms from the threat of competition and deprived consumers of the lower prices they would otherwise enjoy. Thanks to legal scholars like Robert Bork, antitrust enforcement over the past four decades has primarily focused on the most logical place—maximizing benefits for consumers. But Democrats are taking a radical turn from Bork's philosophy by reviving a nearly 90-year-old price discrimination law known as the Robinson-Patman Act, makin...
Reason
In America, we do not punish businesses for their success. We certainly do not punish businesses because their competitors are struggling to keep pace. Sadly, that is exactly what the Department of Justice (DOJ) is attempting to do in its recent lawsuit against Apple. In March, the DOJ, joined by 15 states and the District of Columbia, filed a lawsuit aimed at penalizing Apple for successfully competing in the market for smartphones. However, like much of the Biden administration's approach to antitrust enforcement, the DOJ's lawsuit is focused on punishing Apple for its success rather than ad...
Reason
With former President Donald Trump's pick of Ohio Rep. J.D. Vance as his 2024 running mate, we're likely looking at dark days at the Federal Trade Commission (FTC). Under President Joe Biden, the FTC—headed by Lina Khan—has aggressively pursued an anti-innovation, anti-tech, anti-big business, and anti-consumer agenda. Khan and her allies in the Biden administration think the consumer welfare standard that has guided antitrust law for decades needs to go. Rather than focus on whether a company's actions or a particular merger will raise prices for consumers, they think antitrust regulators sho...
Reason
Google's pivot to artificial intelligence has news publishers freaking out—and running to the government. "Agency intervention is necessary to stop the existential threat Google poses to original content creators," the News/Media Alliance—a major news industry trade group—wrote in a letter to the Department of Justice (DOJ) and the Federal Trade Commission (FTC). It asked the agencies to use antitrust authority "to stop Google's latest expansion of AI Overviews," a search engine innovation that Google has been rolling out recently. Disrupting the Search Status QuoGoogle's plain old top-of-page...
Reason
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