Default Status/De Facto Exclusion: What does a Rival Search Company Have to Say About the Google Case?
Release Date: 02/07/2024
How the Agri-Stats Case Can Help Shape Treatment of Anticompetitive Information Exchanges: A Discussion Between Emily Bridges of the Food and Agriculture Impact Project and Professor Peter Carstensen
Ruled by Reason
On this episode of Ruled by Reason, Emily Bridges of the Food and Agriculture Impact Project has a wide-ranging discussion with antitrust scholar Peter Carstensen about the role of information exchange in restricting competition in agricultural markets, focusing on how the DOJ’s case against Agri-Stats addresses that threat. After covering the oligopolistic nature of many agricultural markets (2:45), the two do a deep dive on why information exchange can be so harmful to competition (11:04). Professor Carstensen explains how the law on information exchange has evolved and how that history...
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Competition, Fairness, and Regulation in Food & Agriculture: A Conversation with Andy Green, Senior Advisor for Fair and Competitive Markets at the U.S. Department of Agriculture
Ruled by Reason
In this episode of Ruled by Reason, AAI President Randy Stutz sits down with . The two discuss how Green found his way to the USDA after beginning his career as a corporate securities lawyer and developing policy expertise in the financial sector (2:46), the new role created for a competition advisor at USDA (9:25), USDA’s tools for implementing President Biden’s Executive Order on Promoting Competition (11:02), USDA’s coordination with the USPTO to strengthen patent quality and promote competition in seeds markets (29:25), USDA’s coordination with the Antitrust Division of the DOJ to...
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How Exactly Does Common Ownership Harm Competition? A Conversation with Florian Ederer, Jerry S. Cohen Award Winner for Antitrust Scholarship
Ruled by Reason
In this episode of Ruled by Reason, guest host , the Robert A. Bandeen Distinguished Professor of Economics at Duke University’s Fuqua School of Business, sits down with Professor to discuss his award-winning article, . Professor Ederer is the Allen and Kelli Questrom Professor in Markets, Public Policy & Law at Boston University’s Questrom School of Business. His article, co-authored with Professors and of the IESE Business School and of the University of Oxford Saïd Business School, won the 22nd Annual Jerry S. Cohen Memorial Fund Writing Award, presented on May 22 at...
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International Update: Checking In with ICN's Cartel Working Group
Ruled by Reason
In this episode of Ruled by Reason, AAI goes international! Enforcers from the U.S., New Zealand, UK and Chile talk with Kathleen Bradish, Vice President and Director of Legal Advocacy, about their agencies’ cross-border work to stop price-fixing cartels. Leah McCoy, Juan Correa, Louise Baner, and Grant Chamberlain, whose agencies are heading up the International Competition Network’s Cartel Working Group, tell us about the important role of the CWG in advancing cross-border enforcement and give us a preview of some of CWG’s exciting new projects. These include initiatives that reflect...
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Default Status/De Facto Exclusion: What does a Rival Search Company Have to Say About the Google Case?
Ruled by Reason
On this episode of Ruled by Reason, we explore the ramifications of the Google search case from a unique perspective—the rival search engines that have been directly affected by Google’s alleged monopolistic conduct. As the antitrust world eagerly awaits a decision this spring, AAI’s Kathleen Bradish interviews DuckDuckGo's Kamyl Bazbaz, VP of Communications and Public Affairs, about his impressions of the recently argued case. This episode unpacks how Google’s conduct, including “marathon” sized payments to OEMs to ensure default status, cuts rivals off from major access points...
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Praise and Constructive Criticism: The Pro-Enforcement Community Weighs in on the Draft Merger Guidelines
Ruled by Reason
On this episode of Ruled by Reason, AAI’s Kathleen Bradish talks with Open Market’s Sandeep Vaheesan and the American Economic Liberties Project’s Erik Peinert about the pro-enforcement community’s views on the draft Merger Guidelines recently released by the FTC and DOJ. This is a wide-ranging and in-depth discussion about how the proposed changes succeed in advancing better merger enforcement, where they fall short, and what beneficial modifications could be made to the final version. Using each organization’s comments to the draft Guidelines as the jumping off point, Bradish talks...
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How Should Antitrust Tackle Antitrust’s “Duty to Deal” in the Tech Sector? A Conversation With Erik Hovenkamp, 2023 Jerry S. Cohen Award Winner for Antitrust Scholarship
Ruled by Reason
In this episode of Ruled by Reason, guest host Roger Noll, Professor of Economics, Emeritus, at Stanford University and AAI Advisor sits down with Erik Hovenkamp to chat about his award-winning article ” (131 Yale L.J. 1483 (2022)). Professor Hovenkamp is Assistant Professor at the USC Gould School of Law. His article argues that the law on exclusive dealing has failed to distinguish between “primary” and “secondary” refusals to deal. The article explains that the suffocating evidentiary requirements imposed on refusal to deal claims should not be applied to secondary...
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Unpacking the 2023 Revised Merger Guidelines: A Conversation With the U.S. Department of Justice
Ruled by Reason
On this episode of Ruled by Reason, AAI President, Diana Moss, and AAI Vice President for Legal Advocacy, Kathleen Bradish talk with leadership at the U.S. Department of Justice, Antitrust Division about the newly released merger guidelines. Moss and Bradish are joined by Susan Athey, Chief Economist for the Antitrust Division and Michael Kades, Deputy Assistant Attorney General for the Antitrust Division. This is the 7th revision of the merger guidelines since they were first released by the antitrust agencies in 1968. The revisions are notable for many reasons, not the least of which is...
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The Cloud Technology Market: Storm of Innovation or Rainy Days for Competition?
Ruled by Reason
On this episode of Ruled by Reason, AAI President, Diana Moss, and AAI Vice President for Legal Advocacy, Kathleen Bradish talk about competition and cloud technology markets. AAI recently issued the report: The Cloud Technology Market: Storm of Innovation or Rainy Days for Competition? Moss and Bradish unpack AAI’s analysis of a vitally important market in the digital economy, beginning with the explosive growth in cloud computing over the last two and a half decades. The report identifies the major cloud players and asks: What is the state of competition in the market? For example, is...
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How Do We Fix the Competition Problem in Shipping? The Role for Private Actions under the Shipping Act
Ruled by Reason
On this episode of Ruled by Reason, AAI Vice President for Legal Advocacy Kathleen Bradish hosts J. Wyatt Fore and David Golden of Constantine Canon to discuss their work in private antitrust enforcement under the Shipping Act. They explain how consolidation in the shipping industry has led to a serious competition problem, one that came into full view when COVID-19 exposed a dangerous lack of resilience in the supply chain. The conversation covers the role of the Federal Maritime Commission in antitrust enforcement and the role for private enforcement in working...
info_outlineOn this episode of Ruled by Reason, we explore the ramifications of the Google search case from a unique perspective—the rival search engines that have been directly affected by Google’s alleged monopolistic conduct. As the antitrust world eagerly awaits a decision this spring, AAI’s Kathleen Bradish interviews DuckDuckGo's Kamyl Bazbaz, VP of Communications and Public Affairs, about his impressions of the recently argued case. This episode unpacks how Google’s conduct, including “marathon” sized payments to OEMs to ensure default status, cuts rivals off from major access points and stymies customer choice. Bazbaz weighs in on the potential remedies that could help restore competition to search and improve customer’s online experience.