Discover and read the best of Twitter Threads about #antitrust

Most recents (24)

my @reason cover story on the bipartisan #antitrust crusade against Big Tech is now online!…
I delve into a lot about modern antitrust history & politics — what is the consumer welfare standard? Why do politicians today want to abandon it? What can the case against Microsoft teach us about the cases against Google, Facebook, & Apple? Etc. ....
But my thesis, if you will, is that reactionary politicians are using monopoly concerns as cover to pursue pre-existing political agendas…
Read 4 tweets
@Facebook @EU_Commission @CMAgovUK Focus is on social networking giant’s collection & use of data and if that gave it an unfair advantage.

This is just the start of the investigations, and we’re still months, if not more than a year, away from any specific charges
Want more on how #antitrust regulators are pushing into #privacy world? I got you covered
Read 4 tweets
New draft out, Elena and I demonstrate that in 🇮🇹 #selfemployed organizing and bargaining are long-standing, embedded in collective agreements, and acknowledged by the law:… forthcoming in @sanjuktampaul, McCrystal & @ewanmcg, “Labor in #CompetitionLaw” CUP
The chapter’s overarching goal is to understand whether and to what extent concerted wage fixing practices are granted a special (express or implied) immunity at the domestic level.
Addressing this issue is vital to unravel the nature and scope of #antitrust labour exemptions...
A topic that is gaining attention at a time when numerous non-standard workers are unreasonably left under- or un-protected due to legal uncertainties and loopholes resulting in their exclusion from the scope of application of several social measures. See:…
Read 7 tweets
And lastly, my fave topic of all: SEPs. Last night, @JusticeATR filed a letter with the 5th Circuit.
Some background: the Trump admin DOJ AAG Makan Delrahim had strong views on the intersection of antitrust and IP, views that contradicted those held by the Obama DOJ.
Under Delrahim, DOJ weighed in on a number of private #antitrust cases with "Statements of Interest" expressing views on antitrust-IP. One such case involved Continental Automotive, which had sued Avancii a patent company that owns SEPs needed for connected car tech
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In pharma #antitrust, @oversightdems released a staff report this AM on Abbvie and Humira…
@OversightDems Among the findings, Abbvie knew Humira, a blockbuster arthritis drug, would face biosimilar competition in 2017, so it took steps to delay that until 2023. The company's internal documents estimate that cost the U.S. health care system $19B
Abbvie has sought or obtained 250 patents related to Humira, the report found. The company has invested a lot of its R&D into a Humira “enhancements” program to protect against biosimilar competition.
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(1) For the reasons I explained in my latest post, I have to focus on my own #AppStore issue and other priorities and obligations, so to my dismay can't follow the #EpicGames v. #Apple trial in real time because it's huge. This is likely my final thread on the topic for a month.
(2) #Antitrust has a vivid and at times "sensationalist" side, but the actual decisions are based on rather abstract elements -- and the rulings tend to be dry. #Apple won't look good when all the evidence is presented, but that doesn't necessarily mean they'll lose the case.
(3) #EpicGames is heroic. I really mean it. I'm not saying I agree with them, their priorities, jurisdictional choices etc. 100%--the issue is too complex for that. But probably > 95%. I can't read minds, but an #antitrust plaintiff can't be more principled than @TimSweeneyEpic.
Read 17 tweets
"Ms. Khan, a law professor & a former staffer at the #FTC who President Biden nominated to the agency in March, warned of the cascading power of tech companies that has allowed them to easily expand their reach across markets."… #BigTech
1/ "In a 2017 Yale Law Journal article titled 'Amazon’s Antitrust Paradox,' she questioned the bias of #antitrust experts toward #consumerprices as the key metric for antitrust violation."
2/ "Even though Amazon offers consumers lower prices in many cases, she argued the company could harm competition by squeezing out #smallbusiness rivals who rely on its marketplace."
Read 4 tweets
Today's Senate Judiciary Committee hearing will explore competition in app stores

To understand the enormous value created by app stores, you have to look back at the world before they existed

We explain how app stores benefitted both users & developers…
The value app stores create isn't primarily economic: it's ensuring user trust by protecting the privacy of user data, the security of their devices, and even users' physical safety against those who might stalk them
App stores are especially important for families, protecting kids against a variety of threats, and empowering parents to decide what apps & media are appropriate for their kids

Parents simply did not have such powerful control before app stores launched in 2008
Read 18 tweets
Hawley's bill would force Amazon to spin off its Web Services division

He doesn't even allege any economic harms flowing from owning both a marketplace and a hosting service

Obviously, he's trying to punish Amazon for booting Parler after the January 6 insurrection
Hawley isn't subtle about the motive for the bill: he's trying to use #antitrust law to retaliate against a private company for exercising editorial judgment in a way that Hawley doesn't like Image
The bill's text isn't out yet, but "online hosting services" may well cover other Internet infrastructure, including hosting domain names & "hosting" apps in the Play store

If so, the bill would punish Google, too
Read 7 tweets
What do you need to know about #antitrust and how that applies to privacy, judicial appointments and accountability, and #BigTechCensorship.

Thread 👇
What is Antitrust?

Antitrust is basically a set of legal principles, laws, and precedents that inform us on how to handle anti-competition behaviors of companies.
Big businesses may work with other organizations to undermine competition in the economic landscape, which is what antitrust seeks to prevent.

Since businesses are built to beat their competition, they can hinder their competition’s ability to succeed.
Read 9 tweets
Another "Big Tech" hearing today (noon ET) with G, TW & FB CEOs

Dems will complain that tech companies don't moderate enough content and Republicans will say they're being "censored"

Both sides will attack 230, but the real issue is the First Amendment…
Websites have the same First Amendment rights as parade organizers, newspapers or other media to exclude speech they find objectionable, however "unfair" their decisions may be

It's just not the government's job to second-guess those content moderation decisions
Republicans used to understand this. They spent 80 years attacking Fairness Doctrine mandates for broadcasting, yet are now demanding a Fairness Doctrine of their own

Here's Rep @CathyMcMorris Rodgers firmly rejecting such nonsense in late 2019
Read 134 tweets
Double jeopardy in regulatory/antitrust cases came before ECJ yesterday at a Grand Chamber hearing. It triggered 6 governments & @EU_Commission to urge judges not to change the rules. Two companies (@bpostmedia & Suedzucker) disagreed, strongly. Why does it matter? Thread/1
BPost case saw one decision by postal regulator & then another by the competition regulator. The Sugar decision saw one cartel fined in Germany & then another in Austria. Question: should this be possible? Hit twice for the same conduct is usually not allowed. NE BIS IN IDEM /2
But ECJ rolled out Grand Chamber & heard two cases in parallel. Clear sign it's reviewing the law. Currently, it has 3 strands:
1/same person
2/same facts
3/same legal interest
If you clear all three, it's double jeopardy & not allowed. But it is (3) that's the problem. /3
Read 9 tweets
Starting soon: Senate #Antitrust Subcommittee talks hugely important priority: antitrust reform! Sen @AmyKlobuchar 's antitrust reform bill will make it easier to bring and to win antitrust cases including break ups!…
@amyklobuchar Klobuchar on "gatekeeper" platforms: Google can use it's leverage to hold companies hostage. If there was greater competition, you would see companies that would come up with innovations that would solve some of the problems with the platforms that we see today. #antitrustreform
This Zuckerberg email is *so* illustrative! He said these competitors are nascent, but they could be very disruptive to us. @amyklobuchar points out, "disruptive" is a *good* word! We *want* disruptive competition. "We need to reply to those emails." She says. "With legislation."
Read 31 tweets
🔎 'Corporate concentration in the US #food system makes food more expensive and less accessible for many Americans' 💵🌽🇺🇸

🗞️ Excellent new piece in the @ConversationUS by @hendricksonm & IPES-Food's own Phil Howard 👇🏾

Quick thread! 🧵/1…
"We’ve closely followed #corporate consolidation of food production, processing and distribution in the U.S. over the past 40 years. In our view, this process is making #food less available or affordable for many Americans," say Hendrickson & Howard. /2
"Consolidation has placed key decisions about our nation’s #foodsystem in the hands of a few large companies, giving them outsized influence to #lobby policymakers, direct food and industry #research and influence #media coverage." /3
Read 14 tweets
Is #concentration rising? @AffeldtPauline, @JoannaPiechucka, #KlausGugler and I use a novel dataset containing information on over 20,000 relevant antitrust markets between 1990-2014 to assess this question:…. We find quite some heterogeneity. A thread 1/N
The extant literature measures #concentration using #industry classifications. Data are mostly aggregated at the national/regional level for all products. Yet, both the #geographic and the #product market definitions should be based on the #substitutability among products. 2/N
Our database identifies over 20,000 product/geographic #antitrust markets affected by over 2,000 mergers scrutinized by the European Commission between 1995-2014. This allows measuring concentration consistently on an economy-wide basis over time (…) 3/N
Read 9 tweets
#Parler can't use #antitrust to sue against "political animus" because the First Amendment protects Twitter & Amazon's right to refuse to carry abhorrent content

Parler's lawsuit will be dismissed for failing to allege that AWS & Twitter conspired to suppress competition

Under clear Supreme Court precedent, Parler would have to prove that Amazon shut off service for non-political reasons

Parler & AWS don't compete. To show that AWS blocked Parler for anticompetitive reasons, Parler must show that AWS conspired with Twitter against Parler.
Instead, Parler complains that AWS was inconsistent in enforcing its Acceptable Use Policy, which reserves broad discretion to remove "harmful" or "offensive" or "otherwise objectionable" content
Read 11 tweets
CTFN's #ICYMI weekend edition: #Merger and deal activity are expected to be robust in 2021, and regulator scrutiny is expected to be rigorous.

(thread) #antitrust #investming #stocks
In the meantime, key changes will occur under the new #Biden administration at the U.S. Federal Trade Commission that is anticipated to weigh heavily on big pharma deals, @dalter28 wrote

#FTC #antitrust #MnA
Further for one big pharma deal, Surani Fernando wrote that while @AstraZeneca's $39 billion bid for @AlexionPharma has drawn a number of critics, a strategic build-out of immunology may prove an important rationale for the deal

#mergers #healthcare $ALXN $AZN
Read 9 tweets
The world’s second-largest economy, #China, has recently launched an #antitrust investigation into Asia’s leading e-commerce company, #Alibaba, listed on the biggest #stock market in the world.
#eCommerce juggernaut seems to be in hot water over its affiliate company, better known as #Ant Group, as #Chinese antitrust regulators plan to review if it was in any way #monopolistic
Such a move by the #Chinese regulators is seen by some market commentators as a huge hit to #JackMa’s e-commerce and #fintech empire
Read 8 tweets
Also from me @PerezJr : Booker and Blumenthal float college athlete rights bill, as Washington examines the NCAA…
The bill, introduced today, would require money-making college sports programs to share half of their profits with players and allow athletes to sign endorsement deals.
It comes a day after SCOTUS said it will take up the NCAA's appeal in an #antitrust suit over player pay.
Read 4 tweets
As US states gear up to sue @Facebook over alleged #antitrust charges (as soon as today!) linked to buying up smaller rivals to stop competition, worth reading what @FTC said when it approved deal, back in 2014
"WhatsApp has made a number of promises about the limited
nature of the data it collects, maintains, and shares with third parties - promises that exceed the protections currently promised to Facebook users…"
“If the acquisition is completed and WhatsApp fails to honor these promises, both companies could be
in violation of Section 5 of the Federal Trade Commission (FTC) Act and, potentially, the FTC’s order against Facebook."
Read 9 tweets
Stat of the Day: UK #antitrust authority wants powers to fine Big Tech companies that flout new digital competition rules up to 10% of their global revenue (that’s quite a lot, ICYMI).

Worth noting: that’s the same fine as EU already has in place, so 🤷‍♂️
The UK has been doing some good work on how to “fix” competition in the digital world — and its guidance has been well-read globally.

That includes creation of “Digital Markets Unit” to oversee drafting of new competition rules fit for digital age
So far, this all makes sense. After #Brexit, UK antitrust agency will have a lot more powers, and — like others — it’s trying to figure out how best to rebalance digital markets while maintaining innovation/inward investment
Read 13 tweets
1/9 Please don't skip this short #thread if you care about misinformation in #CDNmedia, #CDNecon & #CDNpoli, because correcting these #antitrust issues is paramount to winning the infowar against a #FakeNews machine & forces that thwart democracy

Topic is Google + Globe & Mail
2/9 #FakeNews doesn't just constitute completely fabricated disinformation. It also occurs when #CDNmedia suppresses important facts to either lessen, increase, or skew the impact of an article through a murkier process of misinformation that is rampant in #CDNpoli
3/9 For example, today's Globe & Mail article about #Google has an uninspiring title & it's behind a paywall if anyone clicked

(Here's an archive copy for those without subscription because G&M's paywall is purposely inferior so Google can still crawl it)
Read 10 tweets
Here we go: @Amazon latest Big Tech giant to face #antitrust charges in Europe. Announcement expected at 12:30 CET (HT: @JavierespFT for initial scoop)
@amazon @JavierespFT Should add: these are just charges against Amazon, not remedies/fines (yet). That’s the next step.
Announcement expected any minute now. Watch along here
Read 20 tweets

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