The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

The Not Neutrality of Tech Reporting: Discussing the Economics of Lifting Data Caps During a Stay-at-home Crisis

[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Justin “Gus” Hurwitz, (Associate Professor of Law & Co-director, Space, Cyber, and Telecom Law Program, University of ... The Not Neutrality of Tech Reporting: Discussing the Economics of Lifting Data Caps During a Stay-at-home Crisis

Khan & Slaughter Make ITC Filing Supporting Policies that Would Undermine SEPs and US Innovation

Federal Trade Commission (FTC) Chair Lina Khan recently joined with FTC Commissioner Rebecca Slaughter to file a “written submission on the public interest” in the U.S. International Trade Commission (ITC) Section 337 proceeding concerning imports of certain cellular-telecommunications equipment covered by standard essential patents (SEPs). SEPs are patents that “read on” technology adopted for inclusion ... Khan & Slaughter Make ITC Filing Supporting Policies that Would Undermine SEPs and US Innovation

The Devilish Details of Detroit’s Deal

There are some pretty scary devils in the details of this Detroit bailout legislation. This WSJ article provides some specifics. Under the terms of the draft legislation, “the government would receive warrants for stock equivalent to at least 20% of the loans any company receives.” Let’s put that in perspective. General Motors is seeking around ... The Devilish Details of Detroit’s Deal

The WHO’s Insufficient Curiosity and Humility

Five months from now, health ministers from the 194 sovereign states recognized by the United Nations (UN) will meet in Geneva to discuss and possibly agree to amendments to the International Health Regulations (IHRs), which are intended to “prevent, protect against, prepare, control and provide a public health response to the international spread of diseases.” ... The WHO’s Insufficient Curiosity and Humility

Senator Hawley’s Unconstitutional, Unconservative Attack on the Internet

Twitter’s decision to begin fact-checking the President’s tweets caused a long-simmering distrust between conservatives and online platforms to boil over late last month. This has led some conservatives to ask whether Section 230, the ‘safe harbour’ law that protects online platforms from certain liability stemming from content posted on their websites by users, is allowing ... Senator Hawley’s Unconstitutional, Unconservative Attack on the Internet

GCP on the Section 2 Report Schism

Global Competition Policy has a trio of interesting articles on the DOJ Section 2 Report, and FTC response, which I’ve blogged about here and here from Tim Brennan, William Kolasky and Mark Popofsky.  The abstract from Popofsky’s article gives a sense of the scope and importance of the issues here: The U.S. Department of Justice ... GCP on the Section 2 Report Schism

More on Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.

Steven Davidoff responded to my blog here last week regarding Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc. and made the excellent point that just how bad for Merrill the representation I quoted really was depends in part on the limitations on indemnification that were included in the purchase agreement. For example, if the ... More on Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.

Chairman Pai’s Organizational Legacy

One significant aspect of Chairman Ajit Pai’s legacy is not a policy change, but an organizational one: establishment of the Federal Communications Commission’s (FCC’s) Office of Economics and Analytics (OEA) in 2018. Prior to OEA, most of the FCC’s economists were assigned to the various policy bureaus, such as Wireless, Wireline Competition, Public Safety, Media, ... Chairman Pai’s Organizational Legacy

Ginsburg & Wright on Dynamic Analysis and the Limits of Antitrust Institutions

Judge Douglas Ginsburg (D.C. Circuit Court of Appeals; NYU Law) and I have posted “Dynamic Antitrust and the Limits of Antitrust Institutions” to SSRN.  Our article is forthcoming in Volume 78 (2) of the Antitrust Law Journal.  We offer a cautionary note – from an institutional perspective – concerning the ever-increasing and influential calls for greater ... Ginsburg & Wright on Dynamic Analysis and the Limits of Antitrust Institutions

Attention Economists and Economics Graduate Students: Want to Go to Law School for Free?

I have recently joined my colleague Bruce Johnsen as co-director of the Robert A. Levy Fellowship in Law and Liberty at GMU Law.  It is a very generous fellowship — a tuition waiver plus a generous stipend —  for economists who have their PhD’s or “ABD” status to come to law school on our dime along with ... Attention Economists and Economics Graduate Students: Want to Go to Law School for Free?

Five Affiliated Computer Services Directors Resign

The New York Times reports that five independent ACS directors have resigned, after the CEO seems to have demanded their resignations.  The resignations appear to hinge on the directors’ objections to the manner in which ACS Founder and Chairman Darwin Deason wanted to buy out ACS.  (The NYT article indicates Deason was trying to favor himself ... Five Affiliated Computer Services Directors Resign

Red Tape Rising: The Heritage Foundation Spotlights the Excesses of the Regulatory State During the Obama Administration and Recommends Reforms

Understanding the nature and extent of the growth of the federal regulatory state is vital to sound policymaking.  Taking that to heart, over the last decade the Heritage Foundation has issued a series of reports measuring trends in federal regulatory activity.  On May 11 of this year, Heritage released its most recent regulatory study, “Red ... Red Tape Rising: The Heritage Foundation Spotlights the Excesses of the Regulatory State During the Obama Administration and Recommends Reforms