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Showing results for:  “digital markets act”

NetChoice, Net Neutrality, and the Future of the First Amendment Online

In an expected decision (but with a somewhat unexpected coalition), the U.S. Supreme Court has moved 5 to 4 to vacate an order issued early last month by the 5th U.S. Circuit Court of Appeals, which stayed an earlier December 2021 order from the U.S. District Court for the Western District of Texas enjoining Texas’ ... NetChoice, Net Neutrality, and the Future of the First Amendment Online

Why Citizens United was right

Let me say at the outset, some of my prior beliefs. First, I believe in the marketplace of ideas and think that more speech is generally better than less speech. I believe the Founders shared this belief and enshrined it in the “no law” component of the First Amendment. I believe this is especially true ... Why Citizens United was right

Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC

Go big or go home, they say. It’s not really an either-or choice: one can go big, and then go home. Not infrequently, an attempt to go big is what gets one sent home.  The Federal Trade Commission (FTC) swung for the fences in April 23’s open meeting. On purely partisan lines, the commission voted ... Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC

It’s Time to Let STELA Go Off Into the Sunset and Reform Video Marketplace Regulation

Every 5 years, Congress has to reauthorize the sunsetting provisions of the Satellite Television Extension and Localism Act (STELA). And the deadline for renewing the law is quickly approaching (Dec. 31). While sunsetting is, in the abstract, seemingly a good thing to ensure rules don’t become outdated, there are an interlocking set of interest groups ... It’s Time to Let STELA Go Off Into the Sunset and Reform Video Marketplace Regulation

Some Warnings for Modern Pigovians (from Pigou Himself)

We live in a time of optimism about government’s ability to improve upon the unregulated state of affairs. From health insurance to financial markets to the types of fats we eat, cars we drive, and sources of energy we consume, there is a sense among our political, media, and academic elites that our privately ordered ... Some Warnings for Modern Pigovians (from Pigou Himself)

Right to Anonymous Speech, Part 2: A Law & Economics Approach

We at the International Center for Law & Economics (ICLE) have written extensively on the intersection of the First Amendment, the regulation of online platforms, and the immunity from liability for user-generated content granted to platforms under Section 230 of the Communications Decency Act of 1996. One of the proposals we put forward was that ... Right to Anonymous Speech, Part 2: A Law & Economics Approach

Wright on Carrier's Innovation in the 21st Century

First, I want to join the rest of the participants in congratulating Professor Carrier on an excellent and well-written book emerging out of a thoughtful and ambitious project. The project, and the book, are provocative, important contributions to the literature, and usefully synthesize many of the most important debates in both antitrust and intellectual property. ... Wright on Carrier's Innovation in the 21st Century

What Zoom can tell us about network effects and competition policy in digital markets

Zoom, one of Silicon Valley’s lesser-known unicorns, has just gone public. At the time of writing, its shares are trading at about $65.70, placing the company’s value at $16.84 billion. There are good reasons for this success. According to its Form S-1, Zoom’s revenue rose from about $60 million in 2017 to a projected $330 ... What Zoom can tell us about network effects and competition policy in digital markets

Navigating the AI Frontier, Part I

The European Union is on the verge of enacting the landmark Artificial Intelligence Act (AI Act), which will—for better or worse—usher in a suite of new obligations, and hidden pitfalls, for individuals and firms trying to navigate the development, distribution, and deployment of software. Over the coming months, we will be delving into the nuances ... Navigating the AI Frontier, Part I

The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition

In a recent post at the (appallingly misnamed) ProMarket blog (the blog of the Stigler Center at the University of Chicago Booth School of Business — George Stigler is rolling in his grave…), Marshall Steinbaum keeps alive the hipster-antitrust assertion that lax antitrust enforcement — this time in the labor market — is to blame ... The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition

Securities class actions in state court

I’ve previously written about the increasingly unruly market for corporate law, in which many cases involving the governance Delaware corporations are being brought outside of Delaware.  Now Jennifer Johnson writes about Securities Class Actions in State Court.  Here’s the abstract: Over the past two decades, Congress has gradually usurped the power of state regulators to ... Securities class actions in state court

First Amendment Conflict of Visions Redux: The Case of Facebook’s Oversight Board and the Threat of Antitrust Action

In the wake of the launch of Facebook’s content oversight board, Republican Senator Josh Hawley and FCC Commissioner Brendan Carr, among others, have taken to Twitter to levy criticisms at the firm and, in the process, demonstrate just how far the Right has strayed from its first principles around free speech and private property. For ... First Amendment Conflict of Visions Redux: The Case of Facebook’s Oversight Board and the Threat of Antitrust Action