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A Model of Antitrust Regulatory Strategy Allan Fels the Australia & New Zealand School of Government
Loyola University Chicago Law Journal Volume 41 Article 7 Issue 3 Spring 2010 2010 A Model of Antitrust Regulatory Strategy Allan Fels The Australia & New Zealand School of Government Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Antitrust and Trade Regulation Commons Recommended Citation Allan Fels, A Model of Antitrust Regulatory Strategy, 41 Loy. U. Chi. L. J. 489 (2010). Available at: http://lawecommons.luc.edu/luclj/vol41/iss3/7 This Symposium Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. A Model of Antitrust Regulatory Strategy Allan Fels* I. INTRODUCTION There is a great deal of literature concerning the law and economics of antitrust, but relatively little concerning its application and strategic management by regulators. There is even less literature that considers antitrust within a broad and systematic framework of analysis. Such a framework needs to take account of the following factors: (1) the character and goals of antitrust law; (2) the political environment; (3) the operating capabilities and limitations of the regulator; (4) the relationship of the agency to other organizations; and (5) the relationship of all these factors. Strategic management involves the fundamental decisions and actions that shape and guide what an organization is, what it does, and why it does it. It requires a broad approach that emphasizes an organization's mission and the means of attaining that mission, while being aware of the future implications of present decisions. -
Agenda for FTC Hearing #3: Competition and Consumer
Monday, October 15, 2018 9:00-9:05 am Welcome and Introductory Remarks Henry N. Butler George Mason University Antonin Scalia Law School 9:05-9:20 am Welcome and Introductory Remarks Rohit Chopra, Commissioner Federal Trade Commission 9:20-9:50 am The Economics of Multi-Sided Platforms David S. Evans Global Economics Group 9:50-10:10 am Network Effects in Multi-Sided Platforms Catherine Tucker Massachusetts Institute of Technology Sloan School of Management 10:10-10:20 am Break 10:20-12:20 pm The Current Economic Understanding of Multi-Sided Platforms Participants: David S. Evans Katja Seim Global Economics Group University of Pennsylvania Wharton School Joseph Farrell University of California, Berkeley Howard Shelanski Department of Economics Georgetown University Law Center Davis Polk & Wardwell LLP Marc S. Rysman Boston University Catherine Tucker Department of Economics Massachusetts Institute of Technology Sloan School of Management Michael A. Salinger Boston University Questrom School of Business Moderator: John M. Yun George Mason University Antonin Scalia Law School 12:20-1:30 pm Lunch Break 2 | Page 1:30-3:00 pm Multi-Sided Platforms in Action Participants: Elizabeth J. Altman Steven Tadelis University of Massachusetts Lowell University of California, Berkeley Manning School of Business Haas School of Business Scott Kupor Ben Thompson Andreessen Horowitz Stratechery, LLC Roger McNamee Elevation Partners Moderator: Jan Rybnicek George Mason University Antonin Scalia Law School Freshfields Bruckhaus Deringer LLP 3:00-3:15 pm Break 3:15-5:00 pm Defining Relevant Markets and Establishing Market Power in Cases Involving Multi-Sided Platforms Participants: Tasneem Chipty Michael A. -
Embargoed Until Delivered TESTIMONY of HOWARD
Embargoed Until Delivered EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 www.whitehouse.gov/omb TESTIMONY OF HOWARD SHELANSKI ADMINISTRATOR FOR THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET BEFORE THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM SUBCOMMITTEE ON HEALTH CARE, BENEFITS AND ADMINISTRATIVE RULES AND THE SUBCOMMITTEE ON GOVERNMENT OPERATIONS UNITED STATES HOUSE OF REPRESENTATIVES March 3, 2015 Chairman Jordan, Ranking Member Cartwright, Chairman Meadows, Ranking Member Connolly and members of the Subcommittees: Thank you for the invitation to appear before you today. I am pleased to have this opportunity to discuss the activities and priorities of the Office of Information and Regulatory Affairs (OIRA). As the Administrator of OIRA, it is my privilege to work with the skilled and dedicated OIRA staff, the first-rate leadership team at the Office of Management and Budget, and our excellent colleagues throughout the Government. We are all working to continue our Nation’s economic recovery and employment growth while protecting the health, safety, and welfare of Americans, now and into the future. OIRA has a broad portfolio that ranges from coordination of Government-wide information and statistical policy to review of Executive Branch regulations to international regulatory cooperation. For example, under the Paperwork Reduction Act, OIRA is responsible for reviewing collections of information by the Federal Government to ensure that they are not unnecessarily burdensome. OIRA also develops and oversees the implementation of Government-wide statistical standards and policies, facilitates efficient and effective data sharing, and provides guidance on privacy and confidentiality policy to Federal agencies. -
Public Interest Journalism Initiative and Judith Neilson Institute
PUBLIC INTEREST JOURNALISM INITIATIVE and THE JUDITH NEILSON INSTITUTE FOR JOURNALISM AND IDEAS joint submission to the AUSTRALIAN COMPETITION & CONSUMER COMMISSION’S Mandatory news media barGaininG code Concepts paper 5 June 2020 1 EXECUTIVE SUMMARY Following a summer of bushfires, a global pandemic has demonstrated not only the importance of reliable news media - to provide accurate information and to bind communities – but also their vulnerability. The impact on news publishers and broadcasters has been devastating. Less than a year since the ACCC handed down the Final Report of its Digital Platforms Inquiry, more than a hundred news titles have ceased publishing, and hundreds of journalists have lost their jobs. Without intervention, more news businesses will close this year when JobKeeper payments end. Against this backdrop, the task of developing the Mandatory News Media Bargaining Code (Code) to ensure a fair value exchange between news media businesses and Google, Facebook and their subsidiary platforms is urgent and important. By redressing the imbalances identified by the ACCC,1 the Code has the potential to ensure that those who invest in original journalistic content are fairly rewarded by digital platforms that derive significant direct and indirect value from it - and also that there is due recognition of the direct and indirect value that, in turn, news media businesses derive from digital platforms. The timetable is ambitious, with the ACCC and the Government moving quickly. However, we consider that a pragmatic, workable Code can be developed in the prescribed timeframe, including with certain features that might be considered 'interim'. To this end, PIJI and JNI submit that the Code should: 1. -
Law and Professor of Law
March 17, 2017 The Honorable Charles E. Grassley, Chairman Committee on the Judiciary United States Senate 224 Dirksen Senate Office Building Washington, D.C. 20510 The Honorable Dianne Feinstein, Ranking Member Committee on the Judiciary United States Senate 331 Hart Senate Office Building Washington, D.C. 20510 Dear Chairman Grassley and Ranking Member Feinstein: We are a group of law professors and legal scholars who write to urge the Senate to confirm Judge Neil M. Gorsuch as the next Associate Justice of the Supreme Court of the United States. We are a diverse group of scholars with a wide range of backgrounds, and we hold both liberal and conservative political views. We are united, however, in the belief that Judge Gorsuch will bring the highest judicial standards to the Court. Although we may not agree with each decision or vote he will cast, we all agree that Judge Gorsuch is eminently qualified to serve on the Court and that his jurisprudence is within the mainstream of contemporary legal thought. Taken together, these traits should ensure his confirmation. Judge Gorsuch’s credentials are first-rate. He holds an undergraduate degree from Columbia University, a law degree from Harvard University, and a doctorate in legal philosophy from Oxford University. His career has covered nearly every facet of the law. After law school, Judge Gorsuch served as a law clerk to Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit and Justices Byron White and Anthony Kennedy of the Supreme Court. For ten years, he worked at the firm Kellogg, Huber, Hansen, Todd, Evans & Figel as both a trial and appellate lawyer, ultimately becoming a partner there. -
Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11
July edition 2004 Welcome to the latest edition of Our Community Matters, our regular free community update. It is yet another benefit of membership of www.ourcommunity.com.au - the premier destination for Australia's 700,000 community, education and non-profit groups. Ourcommunity.com.au provides community groups with the latest funding and fundraising news as well as practical management and board and committee advice and the opportunity to list for free online donations through the Australian Giving Centre. A summary of our services is listed at the end of this newsletter. If you have trouble reading this newsletter or have any comments please let us know at [email protected]. In this Issue Contents 1. Welcome from Rhonda Galbally, CEO of Our Community 2. Did your group collect GST when it didn’t have to? May be time to call the ATO All the State and Territory winners of the Prime Minister’s Awards for Excellence in 3. Community Business Partnerships. 4. Hundreds of Our Community members win funds for volunteers. How did your group go? Do you have conflict in your organisation? Here’s some resources to help overcome 5. challenge. 6. Our Community Leaders – Great Australian Leaders in Focus – Professor Allan Fels. 7. Just Passions – Rhonda Galbally reflects on some of the great community revolutions. 8. Improve your website – Use these checklists to improve your online presence. 9. Victorian Government calls for submissions on Review of Fundraising Act 10. People taking a more active role in the community – British study finds. 11. Community Briefs - bits and pieces from the community sector 12. -
4. Types of Public Benefit
4. Types of Public Benefit This chapter builds on the discussion in the last chapter by examining in detail the types of public benefits that have been recognised in Australian Competition and Consumer Commission (ACCC) determinations. The discussion is divided into three main sections. The first part deals with economic efficiency benefits, the second examines non-economic efficiency benefits, and the third part looks at specific areas where public benefit analysis is more complex, defying easy categorisation. It is clear from this that ACCC authorisation determinations have become more myopically focused on efficiency. Although economic efficiency concerns have always focused the regulator’s attention, reflecting the rise of economic rationalism by Australian governments and indeed globally, a number of varying non-economic efficiency benefits, such as environmental benefits or increasing safety of goods, have been emphasised at different times during the last 30 years. The study reveals that the ACCC has recognised these benefits in its determinations and has been able to work with the changing regulatory state by varying its use of regulatory strategies, most interestingly by being able to enlist others in the regulation game, such as professional associations, in incorporating ethical practices and appeals procedures into their codes of conduct. Role of Efficiency-based Public Benefits Competition is usually linked to efficiency and it is generally acknowledged that competition is valued for what it can deliver in terms of allocative, -
1 STATEMENT of HOWARD SHELANSKI Nominee to Serve As
STATEMENT OF HOWARD SHELANSKI Nominee to Serve As Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget UNITED STATES SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENT AFFAIRS June 12, 2013 Thank you Chairman Carper, Ranking Member Coburn, and Members of the Committee for welcoming me today. It is an honor to be considered by this committee as the President’s nominee to be Administrator of the Office of Information and Regulatory Affairs. I would like to start off this morning by thanking my family for their support in taking on this challenge. I am glad to have Nicole Soulanille, our son Isaac Shelanski, and my parents Vivien and Michael Shelanski here with me today. I also want to thank the Members of the Committee and their staffs for meeting with me over the last few weeks. I appreciate the time many of you took from your busy schedules and thank you for sharing your insights and views as I prepared for this hearing. For those of you I have not yet had the opportunity to meet, I look forward to doing so in the future. If confirmed, I look forward to working with you and maintaining open communications. I would welcome your perspectives on the matters with which OIRA is concerned. The Office of Information and Regulatory Affairs, often referred to as OIRA, plays an essential role in developing and overseeing the implementation of Government-wide policies on regulation, information collection, information quality and technology, statistical standards, scientific evidence, and privacy. I am humbled by my nomination to lead such an important organization. -
Workshop on the Economics of Mental Wellbeing
The International Network on the Economics of Mental Wellbeing presents: WORKSHOP ON THE ECONOMICS OF MENTAL WELLBEING Venue: Monash University, Caulfield campus, Building H, Level 8 Pavilion 900 Dandenong Road, Caulfield East, Victoria 3145, Australia Register: https://tinyurl.com/y5zoy2f8 by 6 September 2019, 6:00pm AEST For more information on the event, please contact Shannon Stanwell at the Centre for Health Economics ([email protected]). Thu 19 September 8:45am Registration + coffee/tea 9:00am Opening keynote introduction by Allan Fels (A0) (Chair, CHE Advisory Board, Monash University) 9:15am Dementia is an economic challenge too Martin Knapp (London School of Economics) 10:15am Coffee/tea 10:40am Session 1, Chaired by Anthony Harris (Monash University) Should we invest in the prevention or treatment of mental disorders? Cathy Mihalopoulos (Deakin University) Use of new healthcare ecosystems methods and tools in mental health economics Luis Salvador-Carulla (Australian National University) The cost, quality and efficiency of mental healthcare provision in the English NHS Rowena Jacobs (University of York) Mapping mental health harms across the community: Insights from service data Dan Lubman (Monash University + Turning Point) 12:40pm Lunch 1:30pm Session 2, Chaired by Nicole Black (Monash University) Psychological resilience to major socioeconomic life events David Johnston (Monash University) The effect of school health services on health, education and labour market attachment of young adults Julie Riise (University -
ACCC Update Issue 13
AFLLAN ELS After much reflection I've decided that I will not seek renewal of my position as chairman of the Commission. memories Allan Fels AO ‘Allan Fels, in the last BEc(Hons) LLB PhD few years, has become 'The highlights of my tenure here a brand name, and his have been getting exciting results. Professor Allan Fels is probably critics would probably Australia's best known regulator. I was really pleased with the big say how do you replace With a craggy, media-friendly a brand?’ cases; when we broke the cartels, face, Fels speaks out regularly on Mayne Nickless/TNT, building behalf of the consumer, leading Fred Brenchley, codes, vitamins, power the organisation affectionately The Bulletin transformers, some of the known as the consumer watchdog. consumer protection cases Perhaps mistakenly, he has not always been seen as a similarly including life assurance and the and director at the graduate school close friend of big business. of management from 1984–90 and Aborigines and quite a few others. was made honorary professor of the They were fantastic experiences He leaves his post as chairman of the ACCC as arguably one of the most faculty of business and economics at with great results. influential men in the country and Monash University in 1997. He will certainly one of the most be returning to teaching in his new I was really pleased that we got controversial. position at the Australia and New the merger law changed in 1993 Zealand School of Government. from dominance to substantial As chairman of the Prices lessening of competition—that's Surveillance Authority from March something that will have an 1989, Professor Fels was responsible abiding effect on the Australian for keeping a check on petrol prices 'Before I retire I'd like during the Gulf War. -
ICN Unilateral Conduct Working Group
1 ICN Unilateral Conduct Working Group TELESEMINAR ON REMEDIES IN UNILATERAL CONDUCT CASES 11 MARCH 2010 Introductory Remarks by Operator 2 y Welcome by Operator y Panelists and Participants please note: { Audience will be muted during most parts of the teleseminar call („Audience Call“) { Audience will be be unmuted during Q&A { Teleseminar will be recorded y Operator will then turn over to UCWG Co-host Markus Lange (Bundeskartellamt, Germany) Welcome by UCWG Co-Chair Markus Lange 3 y ICN teleseminars have proven to be effective instruments to provide a forum for the sharing of experience and the fostering of consensus. y Today’s seminar is the second teleseminar held by the ICN Unilateral Conduct Working Group. The first seminar on Excessive Pricing was very well received and more than 150 participants joined. A recording is posted on the ICN website. y This seminar aims to promote the understanding of remedies in unilateral conduct cases. y The slides prepared will lead you through the seminar. They can be downloaded from the ICN website. Those of you that have registered in advance can also follow along by going on the link provided to you along with the confirmation. y The agenda for today’s teleseminar is as follows: Teleseminar Agenda 4 y I. Introduction by co-host Randy Tritell (U.S. Federal Trade Commission) y II. Presentation of Principles and Issues to Consider in Crafting Remedies by Howard Shelanski (U.S. Federal Trade Commission) y III. Panel Discussion of Hypothetical 1 y IV. Q & A with Audience regarding Hypothetical 1 y V. -
2016-03-15 Howard Shelanski OMB Testimony
EMBARGOED UNTIL DELIVERED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 www.whitehouse.gov/omb TESTIMONY OF HOWARD SHELANSKI ADMINISTRATOR FOR THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET BEFORE THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM SUBCOMMITTEE ON GOVERNMENT OPERATIONS UNITED STATES HOUSE OF REPRESENTATIVES March 15, 2016 Chairman Meadows, Ranking Member Connolly, and members of the Subcommittee: Thank you for the invitation to appear before you today. I am pleased to have this opportunity to discuss the role that the Office of Information and Regulatory Affairs (OIRA) plays in the transparency and accountability of the federal regulatory process. As the Administrator of OIRA, it is my privilege to work with the dedicated OIRA staff, the first-rate leadership team at the Office of Management and Budget (OMB), and our excellent colleagues throughout the Government. We are all working to promote economic growth and job creation while protecting the health, safety, and welfare of Americans, now and into the future. OIRA has a broad portfolio, but the largest area of OIRA’s work is the review of regulations promulgated by Executive Branch departments and agencies. A set of Executive Orders (E.O.s)—most significantly E.O. 12866 and E.O. 13563—provides the principles and procedures for OIRA’s regulatory reviews. Regulatory process in the United States is premised to an unrivaled degree on two principles: transparency and accountability. One of my priorities as OIRA Administrator has been to increase the transparency of the regulatory process by improving notice and predictability for the 1 public.