The Archives

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

Showing results for:  “digital markets act”

The Future of Law and Economics: Does Behavioralism Offer Hope for the Non-Technical?

Josh’s series-in-progress on the future of law and economics (Part I, Part II, Part III…and more to come) is simply fantastic. It’s also a bit depressing for those of us who are economically inclined but lack the skill set required to do sophisticated modeling and/or rigorous empirical work. Josh’s latest post (Part III) suggests there ... The Future of Law and Economics: Does Behavioralism Offer Hope for the Non-Technical?

FTC Staff Report on Google: Much Ado About Nothing

The Wall Street Journal reported yesterday that the FTC Bureau of Competition staff report to the commissioners in the Google antitrust investigation recommended that the Commission approve an antitrust suit against the company. While this is excellent fodder for a few hours of Twitter hysteria, it takes more than 140 characters to delve into the ... FTC Staff Report on Google: Much Ado About Nothing

Hofstra Foreign Exchange Symposium

My former co-clerk (now Hofstra Law prof) Ron Colombo asked that I pass along information on an upcoming symposium at Hofstra Law School. The symposium, Regulation of Currency Exchange and Its Impact on International Business, will be held at Hofstra on February 8. The keynote speaker will be Walter Lukken, Acting Chairman of the CFTC. ... Hofstra Foreign Exchange Symposium

Court strikes down Net neutrality rules but grants FCC sweeping new power over Internet

Today the D.C. Circuit struck down most of the FCC’s 2010 Open Internet Order, rejecting rules that required broadband providers to carry all traffic for edge providers (“anti-blocking”) and prevented providers from negotiating deals for prioritized carriage. However, the appeals court did conclude that the FCC has statutory authority to issue “Net Neutrality” rules under ... Court strikes down Net neutrality rules but grants FCC sweeping new power over Internet

New and Improved: Is Antitrust Too Complicated for Generalist Judges

Co-author Michael R. Baye (of the Kelley School of Business at Indiana University and formerly Director of the Bureau of Economics at the Federal Trade Commission) and I have posted a new and improved version of our paper, Is Antitrust Too Complicated For Generalist Judges: The Impact of Economic Complexity and Judicial Training on Appeals, ... New and Improved: Is Antitrust Too Complicated for Generalist Judges

Feingold-Kyl Update

A few months ago I commented on the absurdity of the Feingold-Kyl amendment to the judicial pay raise bill, which appeared to be a thinly veiled attempt to target the George Mason Law and Economics Center and a few others. The absurdity with which I was particularly interested at the time was the fact that ... Feingold-Kyl Update

The FTC Shouldn’t Try to Make Amazon Divest Its Logistics Service

Bloomberg reports that the Federal Trade Commission (FTC) plans a suit against Amazon to force the divestiture of the company’s logistics service. The suit, if correctly described, would try and do through litigation what could not be achieved through legislation, when Congress did not enact the American Innovation and Choice Online Act (AICOA). A successful ... The FTC Shouldn’t Try to Make Amazon Divest Its Logistics Service

FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents

On July 31 the FTC voted to withdraw its 2003 Policy Statement on Monetary Remedies in Competition Cases.  Commissioner Ohlhausen issued her first dissent since joining the Commission, and points out the folly and the danger in the Commission’s withdrawal of its Policy Statement. The Commission supports its action by citing “legal thinking” in favor of heightened ... FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents

Kahneman’s Time Interview Fails to Allay Concerns About Behavioral Law and Economics

TOTM alumnus Todd Henderson recently pointed me to a short, ten-question interview Time Magazine conducted with Nobel prize-winning economist Daniel Kahneman.  Prof. Kahneman is a founding father of behavioral economics, which rejects the rational choice model of human behavior (i.e., humans are rational self-interest maximizers) in favor of a more complicated model that incorporates a number ... Kahneman’s Time Interview Fails to Allay Concerns About Behavioral Law and Economics

The Future of Law and Economics Part 3: L&E Scholarship

In previous posts (Part I and Part II) I discussed the increasing trend towards formal mathematics in L&E scholarship and some of the potential issues this raises for the L&E movement as it becomes more detached from the legal academy. This post focuses on another question: What will L&E scholarship in law schools look like ... The Future of Law and Economics Part 3: L&E Scholarship

Making Sense of the Google Android Decision (part 3): Where is the Harm?

This is the third in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here, and the second here). It draws on research from a soon-to-be published ICLE white paper. (Comparison of Google and Apple’s smartphone business models. Red $ symbols represent money invested; ... Making Sense of the Google Android Decision (part 3): Where is the Harm?

The Facts Show That No License/No Chips Was A Successful Policy, Not an Empty Threat – A Reply to Manne and Auer’s New Argument

In their original post, Manne and Auer argued that the antitrust argument against Qualcomm’s no license/no chips policy was based on bad economics and bad law. They now seem to have abandoned that argument and claim instead – contrary to the extensive factual findings of the district court – that, while Qualcomm threatened to cut off ... The Facts Show That No License/No Chips Was A Successful Policy, Not an Empty Threat – A Reply to Manne and Auer’s New Argument