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Stacking the Blocks: Vertical Integration and Antitrust in the Healthcare Industry

For many decades, the U.S. healthcare industry mostly consisted of a diversity of unintegrated physicians, hospitals, and insurers. Over the last 10 to 15 years, vertical consolidations involving providers as well as insurers have brought greater attention to the effects of vertical integration on the cost and quality of healthcare. Attention to vertical integration increased… Continue reading Stacking the Blocks: Vertical Integration and Antitrust in the Healthcare Industry

A Paradigm Shift in the Antitrust Analysis of Common Ownership In India

By Saatvic1   Introduction While antitrust authorities have developed time tested methods to analyze the competitive effects of mergers, assessing acquisitions of minority stakes that create common ownership links has been a sticking point.  Traditional quantitative tools like concentration indices are only useful when control completely switches hands.  Minority investments lead to multiple owners, and… Continue reading A Paradigm Shift in the Antitrust Analysis of Common Ownership In India

Systems Competition – China’s Challenge to the Competition Order: Do we need new rules to protect a level playing field for competition with firms from non-EU countries?

By Dr. Thorsten Käseberg & Dr. Sophie Gappa (German Federal Government)1   I. Introduction: A Systemic Challenge to the Competition Order The European Union, and Germany in particular, have prospered from the openness for trade and investment as part of the common commercial policy since the entry into force of the Treaty of Rome in… Continue reading Systems Competition – China’s Challenge to the Competition Order: Do we need new rules to protect a level playing field for competition with firms from non-EU countries?

Understanding the House Judiciary Committee Majority Staff Antitrust Report

The U.S. antitrust system is undergoing a profound reassessment.  Many events and commentaries have inspired this upheaval.  Among the most important is an inquiry conducted over the past two years by the House Judiciary Antitrust Subcommittee on Antitrust, Commercial and Administrative Law. The Report nominally addresses “competition in digital markets,” but its policy agenda is… Continue reading Understanding the House Judiciary Committee Majority Staff Antitrust Report

First of All, Do No Harm: New Directions in EU Antitrust Enforcement Regarding Pharmaceuticals

The recent Paroxetine and CMA v. Pfizer/Flynn cases confirm the EU approach to pay-for-delay, respectively establish a workable approach to excessive pharmaceutical pricing at least regarding non-innovative drugs. This enables antitrust consolidation regarding further such cases. New directions in the application of EU antitrust law to the pharmaceutical sector can now be identified as a… Continue reading First of All, Do No Harm: New Directions in EU Antitrust Enforcement Regarding Pharmaceuticals

Antitrust Enforcement in the Chinese Automobile Industry: Observations and Future Perspectives

By Jet Deng & Ken Dai The automobile sector has long been a focal point of both public and private antitrust enforcement in China. As one of the largest expenditures for ordinary families in China, anticompetitive practices in this industry can seriously damage consumers welfare. In 2019, Chinese enforcers sanctioned two RPM practices in the… Continue reading Antitrust Enforcement in the Chinese Automobile Industry: Observations and Future Perspectives

Essential Facilities Fallacy: Big Tech, Winner-Take-All Markets, and Anticompetitive Effects

There have been calls to treat data as an essential facility to reduce barriers to entry in the digital economy where a “winner-take-all” dynamic is often present. In such markets, traditional enforcement may fail to enjoin conduct, or an acquisition, that lowers welfare in expectation because anticompetitive effects, regardless of their magnitude, are given no… Continue reading Essential Facilities Fallacy: Big Tech, Winner-Take-All Markets, and Anticompetitive Effects

Ridesharing Platforms and the Long Tail of Mobility

Uber and Lyft are the poster children of digitally-enabled ride-sharing companies. But these intra-urban on-demand services are not the only ones disrupting how people move. Intercity, longer distance travel has also seen changes due to algorithmic enabling: It’s a different market space where competition is with buses, trains and flights rather than taxis, and where… Continue reading Ridesharing Platforms and the Long Tail of Mobility