Celebrating humanity's flourishing through the spread of capitalism and the rule of law
17 Dec 2025 Leave a comment
in applied price theory, economics of regulation, industrial organisation, law and economics Tags: competition law
Online commerce has transformed how firms design their distribution systems, yet EU competition law continues to treat many online-sales restrictions as suspect by default. This tension lies at the heart of today’s vertical restraints debate. While the economic theory of vertical agreements has been largely settled for decades, the legal framework has not fully absorbed…
Vertical Restraints in the EU: Economics Has Updated, Law Hasn’t Installed the Patch
09 Dec 2025 Leave a comment
in applied price theory, economics of regulation, industrial organisation, market efficiency Tags: competition law
Warner Bros. Discovery (WBD) has announced that it is selling its major assets to Netflix, including Warner Bros. Pictures (home of Harry Potter), DC Studios, and HBO Max. Netflix was chosen among a group of bidders that also included Paramount and Comcast. This post explores some of the antitrust issues and hurdles that a combined…
Evaluating the Sale of Warner Bros Discovery to Netflix from an Antitrust Perspective
09 Dec 2025 Leave a comment
in applied price theory, economics of regulation, industrial organisation, law and economics, politics - USA Tags: competition law
The memorandum and order in FTC v. Meta Platforms Inc. that U.S. District Court Judge James E. Boasberg filed Nov. 18, ruling in favor of Meta, has now been followed by a Dec. 2 revised order that contained fewer redactions. The memorandum doesn’t exactly provide the law & economics analysis I would have produced, had…
Antitrust at the Agencies: Meta Analysis Edition
06 Dec 2025 Leave a comment
in applied price theory, economics of regulation, entrepreneurship, industrial organisation, politics - USA Tags: competition law, creative destruction
This morning’s announced merger between Netflix and Warner Bros. Discovery (WBD) would create a global media company of unprecedented scale. The transaction will also almost certainly attract scrutiny from antitrust regulators—most likely the U.S. Justice Department (DOJ) Antitrust Division, rather than the Federal Trade Commission (FTC). The deal would offer a direct test of the…
Metrics, Markets, and Merger Scrutiny: A Netflix-WBD Combination
06 Dec 2025 Leave a comment
in applied price theory, economics of regulation, entrepreneurship, industrial organisation, international economics Tags: competition law, creative destruction
Nations around the world are reassessing antitrust policy (generally called “competition policy” overseas). Governments, regulators, and industry leaders are increasingly asking whether traditional antitrust enforcement is holding back the “competitiveness” of domestic firms. The term now shows up in speeches by European commissioners, in UK government directives, in U.S. merger battles, and in Canadian legislative…
Is Competitiveness Transforming Competition Policy?
20 Nov 2025 Leave a comment
in history of economic thought, industrial organisation, law and economics Tags: competition law
The Core Argument: Markets Beat Courts at Correcting Monopoly Frank H. Easterbrook’s 1984 Texas Law Review article “Limits of Antitrust” advances a deceptively simple thesis that fundamentally reoriented competition policy: antitrust law should recognize its own institutional limitations and design rules accordingly. The article contains two central insights. The first is that, because “antitrust is […]
‘Limits of Antitrust’ by Frank Easterbrook
27 Sep 2025 Leave a comment
in applied price theory, economic history, economics of regulation, industrial organisation, law and economics, politics - USA, theory of the firm Tags: competition law
Eric Crampton writes – A lot of changes are coming in competition policy. Last week, the government announced a package of reforms that, overall, set the Commerce Commission on a more activist tack. One proposed reform will align New Zealand more closely with Australia’s regime, guarding against so-called ‘killer acquisitions’.
Not-so-killer acquisitions
10 Sep 2025 Leave a comment
in applied price theory, economics of regulation, industrial organisation, Marxist economics, politics - New Zealand, Public Choice, public economics Tags: competition law
Radio NZ reports: But the Greens’ commerce and consumer affairs spokesperson Ricardo Menéndez March told RNZ that was only “one part of the puzzle” and the government needed to explore all its options – including breaking up the supermarket duopoly. “While we support having new players in the market, Nicola Willis is banking on big […]
Greens say taxing supermarkets more will lower food prices!
23 Aug 2025 Leave a comment
in energy economics, industrial organisation, politics - New Zealand Tags: competition law
Richard Meade writes – In its quest to lower electricity prices for New Zealand households, the Electricity Authority may inadvertently make the situation worse. This week, the authority announced plans to require New Zealand’s “gentailers” – firms that both generate electricity and retail it to consumers – to offer the same supply terms to independent retailers as […]
An attempt to lower NZ electricity prices could end up doing the opposite – here’s why
16 Aug 2025 1 Comment
in applied price theory, economics of bureaucracy, industrial organisation, law and economics, politics - New Zealand, Public Choice Tags: competition law, merger law enforcement
I’ve spent the last couple of days at the Competition Law and Policy Institute’s annual workshop.Webb-Henderson’s Lucy Wright made a good case for a de minimus threshold for merger controls. Small mergers could have a safe harbour, or mergers in markets of insufficient NZ importance.If we need to set a monetary threshold for a market…
For a de minimus threshold for mergers
24 Jul 2025 Leave a comment
in applied price theory, economics of regulation, entrepreneurship, financial economics, industrial organisation Tags: competition law, competition law enforcement, mergers
Conventional antitrust enforcement tries to prevent harmful mergers by blocking them but empirical evidence shows that rival stock prices often rise when a merger is blocked—suggesting that many blocked mergers would have increased competition. In other words, we may be stopping the wrong mergers. In a clever proposal, Ayres, Hemphill, and Wickelgren (2024) argue that […]
Shorting Your Rivals: A Radical Antitrust Remedy
20 Jun 2025 1 Comment
in applied price theory, economic history, history of economic thought, industrial organisation Tags: competition law
TweetI’m proud to have paired up with the Cato Institute’s Marian Tupy to pen this new piece at National Review on so-called ‘predatory pricing.’ A slice: Competition drives innovation, improves quality, and most importantly, lowers prices for consumers. Yet when foreign companies — particularly Chinese firms — successfully compete on price, accusations of “predatory pricing”…
Predatory Pricing Is A Foolish Strategy
07 Apr 2025 Leave a comment
in applied price theory, entrepreneurship, industrial organisation, law and economics, politics - New Zealand, property rights, Public Choice, survivor principle Tags: competition law
Eric Crampton writes – The pendulum theory of politics suggests that policies often swing from one extreme to another without finding a balanced middle ground. Consider New Zealand’s supermarkets. Current regulations have made it near-impossible for new large-scale grocers to enter the New Zealand market.
Breaking up is hard to do
21 Mar 2025 Leave a comment
in applied price theory, economics of regulation, industrial organisation, law and economics, politics - New Zealand Tags: competition law
Lisa M. Katerina Asher, Catherine Sutton-Brad and Drew Franklin write – New Zealand’s concentrated supermarket sector is back in the spotlight after Finance Minister Nicola Willis said she was open to offering “VIP treatment” to a third international player willing to create competition. However, New Zealanders hoping for a foreign hero to break up the […]
Stop waiting for a foreign hero: NZ’s supermarket sector needs competition from within
03 Mar 2025 Leave a comment
in applied price theory, economics of regulation, entrepreneurship, industrial organisation, politics - USA, survivor principle Tags: 2024 presidential election, competition law, merger law enforcement
Under current law, any US companies considering a merger or acquisition that is above $125 million in size must first report it to the government. The most recent data for 2023 says that 1,805 such transactions were reported in 2023, which was a relatively low number for recent years. In 2021 and 2022, for example,…
The 2023 Merger Guidelines Will Remain: What Does That Mean?
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