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Regulation and Antitrust

ITIF’s Schumpeter Project on Competition Policy conducts legal and economic research, publishes actionable policy analysis, organizes high-level discussions, and engages with policymakers to rethink the relationship between competition and innovation for the benefit of consumers, innovative companies, the economy, and society.

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The Flawed Analysis Underlying Calls for Antitrust Reform: Revisiting Lina Khan’s “Amazon’s Antitrust Paradox”

The Flawed Analysis Underlying Calls for Antitrust Reform: Revisiting Lina Khan’s “Amazon’s Antitrust Paradox”

In the 2017 law journal article that established her reputation, now FTC Chair Lina Khan ignored or misapplied the economics of two-sided markets, mischaracterized competitive conditions, and did not consider the pro-competitive effects of Amazon’s conduct.

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March 27, 2024|Blogs

Lina Khan’s Defective Critique of Boeing as “National Champion”

The chair of the Federal Trade Commission, Lina Khan, is using the crisis facing aerospace giant Boeing to press her case that “national champions” invariably behave badly because they are protected from competition. It is disappointing that Khan’s critique of Boeing reflects so little sectoral expertise and understanding of markets.

March 27, 2024|Blogs

Why Labor Monopsony Shouldn’t Be Included in Merger Guidelines

Monopoly power is not the main explanation for changes in workers’ earnings after a merger or acquisition, and including labor monopsony power in the updated Merger Guidelines will not only disincentivize greater consolidation but will also harm consumers. The FTC and DOJ should ignore the guideline on labor monopsony when reviewing mergers.

March 27, 2024|Blogs

What You Need to Know as the DMA Goes Live

The EU’s Digital Markets Act (DMA) is attempting to chip away at the alleged dominance of the so-called tech giants, but not for the better.

March 22, 2024|Blogs

US v. Google: Why Behavioral Economics Fails to Capture the Realities of Competition

The DOJ's recent antitrust lawsuit against Google has brought renewed attention to the role of behavioral economics in antitrust law.

March 8, 2024|Testimonies & Filings

Comments to the European Commission’s Directorate General for Competition on Virtual Worlds and Generative AI

The market for AR/VR technologies, though nascent, presents a multifaceted competitive landscape spanning hardware, software, and distribution. And the generative AI market is experiencing early-stage growth with no significant entry barriers evident, particularly concerning data, computational resources, and talent.

March 7, 2024|Blogs

The Brussels Effect: How the EU’s Digital Markets Act Projects European Influence

As the Digital Markets Act comes into effect, more jurisdictions are adopting similar laws to shoot for big tech targets, creating the “Brussels effect.”

March 5, 2024|Blogs

US Policymakers Should Fight Back Against EU Attacks on America’s Tech Sector

If U.S. policymakers do not step up to address the threat that European laws and regulations pose to U.S. economic interests, then the EU will only increase the size and severity of its fines and other confiscatory actions.

February 28, 2024|Blogs

Why the Robinson-Patman Act Revival May Backfire

The proposed revival of the Robinson-Patman Act will not only have consequences for consumers but also for the small businesses they are trying to protect.

February 26, 2024|Blogs

Turkey’s DMA Spinoff Is Another Threat to Global Innovation

Turkey’s looming digital market regulation is yet another instance of EU anti-innovation policy being exported around the world.

February 23, 2024|Testimonies & Filings

Comments to the Parliament of Canada Regarding Proposed Amendments to Canadian Competition Law

The Canadian government must ensure that policy, legislative and regulatory approaches support competition and innovation as much as possible. Unfortunately, Bills C-56 and C-59 promise to do exactly the opposite.

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