In her first economic policy speech as Presidential Candidate, Kamala Harris pledged to introduce a federal ban on price gouging in the food sector. Claiming that prices failed to return to pre-pandemic levels despite improvements to supply chains following prior breakdowns and that “[m]any of the big food companies are seeing their highest profits in…
The Patent Eligibility Restoration Act of 2023 (PERA), introduced by Senators Thom Tillis and Chris Coons, aims to broaden the scope of patentable subject matter in the U.S. This Act addresses limitations from Supreme Court decisions like Alice Corp. v. CLS Bank International, which have restricted patent eligibility under Section 101 of the Patent Act….
The FTC first proposed to ban essentially all employer-employee non-competes throughout the US while I was a Commissioner. At that time, many — including me – expressed concern that the FTC did not have the authority to issue a broad rule overturning dozens of state laws and negating more than 30 million existing contracts. We…
On July 14, 2023, the Federal Trade Commission, announced the withdrawal of two antitrust policy statements related to enforcement in healthcare markets: Statements of Antitrust Enforcement Policy in Health Care, published in August 1996, and Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program from October 2011. This…
European Union and United States legislators are increasingly concerned about the potentially distortive effects “foreign” subsidies may have on M&A transactions. EU and US authorities are both poised to require transaction parties to provide extensive information to allow authorities to evaluate subsidies granted by other jurisdictions. How do these initiatives compare, and how will the…
* This entry is a re-post of the contributor’s CCM Blog post, find link here. On 24 January 2023 the U.S. Department of Justice (‘DoJ’), joined by multiple U.S. States including California and New York, filed an antitrust lawsuit against Google alleging that the “industry behemoth […] has corrupted legitimate competition in the ad…
Introduction Blockchain technology is a complex and innovative field that has raised questions about its potential impact on competition laws. As the use of blockchain increases, its unique characteristics, such as market power, interoperability, network effects, and transparency, become increasingly challenging to regulate. To tackle these challenges, competition authorities across the globe, including the European…
Lawmakers and Amazon.com are involved in a constant cat-and-mouse game. Amazon.com is the big winner when consumers and businesses extensively use its digital ecosystem. As a reaction, lawmakers regulate big tech companies to protect end users and business users. This blog post argues that these regulations are not always effective and that their application is…
Competition law mainly deals with microeconomic issues. Price theory orients its application, with price, supply, demand, and information being important parameters. However, microeconomics does not have a monopoly on influencing competition and competition law. Macroeconomic developments have roles to play as well. These roles may materialize in the form of monetary and budgetary policies. For…
On 12 January 2023, the new EU Foreign Subsidies Regulation (FSR) entered into force. The majority of the FSR will start to apply on 12 July 2023. The FSR constitutes a new investigatory review tool for the European Commission. It will focus on economic behaviour on the internal market by companies who received foreign subsidies…
