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The Marketplace of Ideas: Government Failure Is Worse Than Market Failure When It Comes to Social-Media Misinformation

Today marks the release of a white paper I have been working on for a long time, titled “Knowledge and Decisions in the Information Age: The Law & Economics of Regulating Misinformation on Social-Media Platforms.” In it, I attempt to outline an Austrian law & economics theory of state action under the First Amendment, and ... The Marketplace of Ideas: Government Failure Is Worse Than Market Failure When It Comes to Social-Media Misinformation

NTIA Tries to Call the Tune on Digital Discrimination

We’ve all been there. You’re enjoying a hootenanny, and someone tries to change the tune. Kind of like yelling “Free Bird” at a Taylor Swift concert or asking a wedding DJ to play the chicken dance. Well, the National Telecommunications and Information Administration (NTIA) has jumped into the digital-discrimination hootenanny and put in some requests. ... NTIA Tries to Call the Tune on Digital Discrimination

When Progress Is Regressive: The Ordo-Brandeisian Devolution

It is no coincidence that ordoliberalism—the European (originally German) alternative to classical liberalism that emphasized the importance of the “social market” economy—and the New Brandeis or “neo-Brandeisian” movement, which harkens back to the Progressive Era thought of the late U.S. Supreme Court Justice Louis Brandeis, both are enjoying comebacks simultaneously. The effects of these ideological ... When Progress Is Regressive: The Ordo-Brandeisian Devolution

Net Neutrality and Broken Records

I don’t mean to sound like a broken record, but why is the Federal Communications Commission (FCC) playing a broken record? I’ve been writing a fair bit about Federal Trade Commission (FTC) rulemaking initiatives. On the theory that you deserve a nominal break from all of that, this post is mostly about the FCC. On ... Net Neutrality and Broken Records

A Holiday Hootenanny Hiatus, But First, Some Title II Talk

For those of who’ve been doing the Telecom Two-Step over the past year, the holiday break can’t come soon enough. Last week, comments were due on the Federal Communications Commission’s (FCC) latest proposal to impose Title II common-carrier regulation under the guise of net neutrality national security. Before that, we had the FCC’s new and ... A Holiday Hootenanny Hiatus, But First, Some Title II Talk

What the European Commission’s More Interventionist Approach to Exclusionary Abuses Could Mean for EU Courts and for U.S. States

The European Commission on March 27 showered the public with a series of documents heralding a new, more interventionist approach to enforce Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits “abuses of dominance.” This new approach threatens more aggressive, less economically sound enforcement of single-firm conduct in Europe. ... What the European Commission’s More Interventionist Approach to Exclusionary Abuses Could Mean for EU Courts and for U.S. States

Finding your way in the seeds/agro-chem mergers labyrinth

The recently notified mergers in the seed and agro-chem industry raise difficult questions that competition authorities around the world would need to tackle in the following months. Because of the importance of their markets’ size, the decision reached by US and EU competition authorities would be particularly significant for the merging parties, but the perspective ... Finding your way in the seeds/agro-chem mergers labyrinth

Antitrust at the Agencies Roundup: The Supply Chain, Part Deux

But First, Money Makes the World Go ‘Round For all my carping about this or that program or enforcement matter, it seems to me a very good thing that Congress passed—and President Joe Biden signed into law—the spending package that will keep much of the federal government up and running for Fiscal Year 2024 (see ... Antitrust at the Agencies Roundup: The Supply Chain, Part Deux

Google Previews the Coming Tussle Between GDPR and DMA Article 6(11)

Among the less-discussed requirements of the European Union’s Digital Markets Act (DMA) is the data-sharing obligation created by Article 6(11). This provision requires firms designated under the law as “gatekeepers” to share “ranking, query, click and view data” with third-party online search engines, while ensuring that any personal data is anonymized. Given how restrictively the ... Google Previews the Coming Tussle Between GDPR and DMA Article 6(11)

AI Partnerships and Competition: Much Ado About Nothing?

Competition policymakers around the world have been expressing concerns about competition in emerging artificial-intelligence (AI) industries, with some taking steps to investigate them further. These fears are notably fueled by a sense that incumbent (albeit, in adjacent markets) digital platforms may use strategic partnerships with AI firms to stave off competition from this fast-growing field. ... AI Partnerships and Competition: Much Ado About Nothing?

The View from Canada: A TOTM Q&A with Aaron Wudrick

Aaron, could you please tell us a bit about your background and how you became interested in competition law and digital-competition regulation? I’m a lawyer by profession, but have taken a somewhat unconventional career path—I started as a litigator in a small general practice in my hometown outside Toronto, moved on to corporate law with ... The View from Canada: A TOTM Q&A with Aaron Wudrick

What Does Murthy v Missouri Mean for Online Speech?

After a lot of anticipation from Supreme Court watchers, the Murthy v. Missouri opinion has finally been released. As the oral argument suggested, standing was the issue for the Court, who in a 6-3 decision written by Justice Amy Coney Barrett ruled that none of the plaintiffs had standing, due to a lack of traceability ... What Does Murthy v Missouri Mean for Online Speech?