Monopolization comes in many flavors. As we have seen over the years, firms use assorted and creative methods to acquire or maintain dominant positions. Exclusive dealing, predatory pricing, and tying are some of the competitively suspect practices familiar to antitrust lawyers and economists. But the courts have made clear the list of “anticompetitive” or unfair practices... Read More

In December, Dennis Romboy and Art Raymond of Deseret News reported that the University of Utah’s board of trustees approved a first-of-its-kind private equity deal between the school and Otro Capital to fund athletics. The decision to partner with private equity appears to be based on a crude assessment of the contributions (revenues and expenses) that can be... Read More

This week, to much fanfare, Google introduced its new Universal Commerce Protocol (UCP). UCP was developed in collaboration with multiple retail partners, including Target and Walmart.. UCP involves artificial intelligence (AI) agents (i.e., programs that can perform some tasks autonomously) in the shopping process (aka, agentic commerce). Simply put, instead of searching for a specific... Read More

Housing prices are up, and would-be homeowners are shifting to rental units. The inventory of homes for sale is shrinking because investors are buying up properties with cash offers. Investors then rent the homes to households who cannot afford mortgages. Many feel that the American dream of homeownership is slipping away. Building more homes won’t... Read More

In recent months, public attention has returned to a business practice that many consumers intuitively recognize as unfair and has provoked varying attempts to regulate: surveillance pricing. Investigations into Instacart’s grocery pricing, along with renewed scrutiny of algorithmic pricing by the Federal Trade Commission (FTC), have revived concerns that firms increasingly tailor prices to individual consumers based not on cost or... Read More

Price inflation has been the dominant economic concern for Americans in the post-Covid era. The rising prices of cars, groceries, and healthcare (especially given recent Congressional inaction) have all imposed increasing burdens on the average American. Despite the consistent price hikes for those items, all of them pale in comparison to the skyrocketing rental costs that... Read More

Warner Bros. Discovery (“Warner Brothers”) announced on Wednesday that it is poised to reject a takeover bid by Paramount, clearing the way for Netflix to acquire Warner Brother’s studio and subscription streaming platform, HBO Max. As shown in the figure below, lifted from The Economist, Netflix and Warner Brothers comprise the first- and fourth-largest streaming... Read More

Amazon Prime Day and Black Friday have become de facto national holidays of impulsive shopping, ostensibly offering a bevy of “great deals” to tempt consumers. A flood of media articles accompany this celebration of capitalism that masquerades as an event worthy of news coverage. Legions of outlets receive compensation from Amazon in exchange for driving... Read More

Common pricing algorithms can be used to coordinate prices among sellers, to the detriment of buyers. RealPage is the seminal case, but there are (alas) plenty of others. The problem is particularly acute in a two-sided transactional platform setting, where the platform influences—and sometimes coerces—the pricing decisions of its sellers. Take the case of Airbnb.... Read More