Scholarly commentary on law, economics, & more

Antitrust at the Agencies Roundup: Spring Has Sprung

Last week was the occasion of the “spring meeting”; that is, the big annual antitrust convention in Washington, D.C. hosted by the American Bar Association (ABA) Antitrust Section. To engage in a bit of self-plagiarism (efficient for me, at least), I had this to say about it last year: For those outside the antitrust world, Antitrust at the Agencies Roundup: Spring Has Sprung

DOJ’s Case Against Apple: Beware of Forcing ‘Efficiencies’

The U.S. Justice Department’s (DOJ) recent complaint charging Apple with monopolizing smartphone markets is, according to Assistant U.S. Attorney General Jonathan Kanter, intended as a contribution to the agency’s “enduring legacy of taking on the biggest and toughest monopolies in history.”  Unfortunately, the case has fundamental weaknesses in its assessment of both Apple’s alleged monopoly DOJ’s Case Against Apple: Beware of Forcing ‘Efficiencies’

Clearing the Telecom Logjam: A Modest Proposal

In this “Age of the Administrative State,” federal agencies have incredible latitude to impose policies without much direction or input from Congress. President Barack Obama fully pulled off the mask in 2014, when he announced “[w]e are not just going to be waiting for legislation,” declaring “I’ve got a pen, and I’ve got a phone.” Clearing the Telecom Logjam: A Modest Proposal

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