Sam Weinstein

Professor of Law at @CardozoLaw, former US DOJ Antitrust Division. I write about antitrust, financial regulation, and IP.

[Sam Weinstein @snoahw1]

@HalSinger We’re in agreement! That’s why I said X has a high bar to prove its claims. I don’t presume the advertisers were trying to force lower rates. Was just stating the law in this area.

[Sam Weinstein @snoahw1]

@RMGaustad Nice!

[Sam Weinstein @snoahw1]

@LeeHepner Agreed-Matt Wansley and I make that argument in a new paper: Venture Predation https://t.co/tlXZgxWz9Z
And Uber is not the only VC-backed company to try this strategy.

[Sam Weinstein @snoahw1]

@KatieJWells Matt Wansley and I argue that Uber has been engaged in a predatory pricing scheme since the early 2010s. This could be the recoupment phase of that scheme. Here's the paper: Venture Predation. https://t.co/tlXZgxWz9Z

[Sam Weinstein @snoahw1]

@EyalMirit @cjbuccafusco @vanderbiltlaw Thanks for the excellent comments, Mirit!

[Sam Weinstein @snoahw1]

Matt Wansley and I greatly enjoyed this conversation with @TeddyDowney @Capitol_Forum about our article Venture Predation. For those interested in checking out the article, you can find it here: https://t.co/tlXZgxW1kr

[The Capitol Forum @Capitol_Forum]

🎙️New podcast episode out today!

Speaking with @TeddyDowney, Matthew Wansley and @snoahw1 of @CardozoLaw explain the economics and history behind venture predation and why we currently see very little enforcement of the practice.

Listen here: https://t.co/SuywdTEAaj

[Sam Weinstein @snoahw1]

@TeddyDowney @Capitol_Forum @CardozoLaw Thanks for hosting us, Teddy, we had a great time chatting with you!

[Sam Weinstein @snoahw1]

Looking forward to this conversation!

[The Capitol Forum @Capitol_Forum]

Join us for a call on 9/12 at 11 am EDT with Associate Professor of Law Matthew Wansley and Professor of Law @snoahw1 of @CardozoLaw. They'll discuss predatory pricing among venture-backed startups & how this practice stifles competition.

RSVP: https://t.co/BXTEsXfKsr

[Sam Weinstein @snoahw1]

You can read our article here: https://t.co/tlXZgxW1kr

[Sam Weinstein @snoahw1]

The dirty little secret that could bring down Big Tech https://t.co/6EYk1La0tz via @businessinsider Nice piece by @jetjocko about my paper with Matt Wansley on venture capital backed predatory pricing.

[Ariel Beery / אריאל בארי @arielbeery]

Excellent paper on Venture Predation - the necessary outcome of #powerlaw investing thesis, and the underpinning of contemporary VC culture.

Thank you @doctorow for bringing it to my attention.

@SSRN https://t.co/5sJ8UvET3W

[Sam Weinstein @snoahw1]

@IlyaAbyzov Thanks for reaching out about this. We cite @mikeIsaac (Super Pumped p. 86) on this issue

[Sam Weinstein @snoahw1]

but even if they never fully recoup, markets are distorted and consumers are harmed. We suggest some tweaks to antitrust doctrine and securities laws to address this threat. Comments are most welcome!

[Geri Kirilova (she/her) @geri_kirilova]

Juicy rainy day read: Venture Predation

Thanks to the copious amount of VC thought leadership over the past decade, we have plenty of empirical evidence confirming that much of the theory laid out here was, indeed, intentionally pursued in practice

[Jennifer Begakis @jenbegakis]

This paper is good: "Venture Predation"

Linked below, here's a 🧵on low prices (distorted) and the long-term harm of incorrect impressions of efficiency.

—
PRICE:

"Prices convey information that organizes economic activity. They signal how much it costs to produce goods...

1

[Sam Weinstein @snoahw1]

They can create this appearance by using below-cost pricing to destroy competitors, gain share, and erect barriers to entry through network effects or reputation effects. Venture predators like Uber may eventually try to recoup the losses from their predation campaigns

[Sam Weinstein @snoahw1]

The key to venture predation is that VCs don’t care about recoupment—they exit well before that stage. All they care about is the appearance of potential recoupment, which will allow them to offload their shares to late-stage investors.

[Sam Weinstein @snoahw1]

Contrary to the old chestnut that predatory pricing is rarely tried and rarely successful, we argue that predatory pricing is a common strategy for certain venture-backed startups, like Uber, Bird, and WeWork.

[Sam Weinstein @snoahw1]

Very excited to share Venture Predation, a new paper coauthored with my colleague Matthew Wansley, forthcoming in @jofcorplaw. https://t.co/tlXZgxW1kr

[Sam Weinstein @snoahw1]

I wrote today in @promarket_org about the DOJ’s jury trial demand in its Google ad tech case.

[ProMarket @ProMarket_org]

.@TheJusticeDept recently sued #Google for conduct relating to its #adtech services. In an unusual move, the DOJ demanded a jury trial, which is extremely rare in government civil antitrust cases.

@snoahw1 (@CardozoLaw, @HeymanCenterCLS) with more:

https://t.co/jqcGGIr9GL