Competition Advocacy Matters—Here’s Why and How

Competition Advocacy Matters—Here’s Why and How

There’s a famous old political adage — “where you stand is where sit” (also known as Miles’ Law) — meaning basically that government policy positions are dictated more by agency imperative and institutional memory than objective consideration of the public interest. A related concept is “regulatory capture,” where administrative agencies over time become defenders of the status quo and pursue objectives more for regulated firms […]

Is Bazaarvoice Bizarre?

Is Bazaarvoice Bizarre?

By winning the US v. Bazaarvoice trial without showing that post-closing competitive effects in the nascent market it chose to attack had not, in fact, been harmful to consumers, the Justice Department’s success may have done more damage to antitrust law — and the appropriate role for government predictions of market development — than they ever intended.

Twitter And the FTC: Myopia One Year Later

Twitter And the FTC: Myopia One Year Later

One year ago, the Wall Street Journal and other business publications reported that the Federal Trade Commission (FTC) had launched an investigation into “Twitter and the way it deals with the companies building applications and services for its platform.” Let’s hope the FTC’s 2011 Twitter investigation is mothballed in 2012.