Four Reasons Fairsearch Is Wrong

Four Reasons Fairsearch Is Wrong

We’ve been discussing the FTC and EU investigations of Google’s search practices for more than two years. The latest FairSearch contentions represent a transparent attempt to forestall resolution of the European process, moving the goalposts in light of the failure of their dire competitive predictions. It is time for Commissioner Almunia and the EU to close up shop, settle and move on.

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.

Opening Pandora’s Box: Copyright and Antitrust

Opening Pandora’s Box: Copyright and Antitrust

Pandora’s antitrust lawsuit against ASCAP is a leading-edge dispute, scheduled for trial by year-end, that may help catalyze a new approach to the old question of whether — and if so to what extent — owners of copyrighted digital content are permitted to refuse to deal with competing distribution channels on dramatically different commercial terms.