Showing results for: “digital markets act”
An L&E Defense of the First Amendment’s Protection of Private Ordering
In his recent concurrence in Biden v. Knight, Justice Clarence Thomas sketched a roadmap for how to regulate social-media platforms. The animating factor for Thomas, much like for other conservatives, appears to be a sense that Big Tech has exhibited anti-conservative bias in its moderation decisions, most prominently by excluding former President Donald Trump from ... An L&E Defense of the First Amendment’s Protection of Private Ordering
No, Matt, executive compensation is not all about norms
[UPDATE: In order to avoid linking glitches we removed the quotes from around the phrase, “all about norms” in the original title. This post thus has a different url than the original but is otherwise the same.] In a post titled, “Backdating: Yes, Virginia, Execs Do Want Inflated Pay,â€? over at PrawfsBlawg, Matt Bodie weighs ... No, Matt, executive compensation is not all about norms
Should We Break Up Big Tech? A Look Behind the (Political) Scenes
[This post is the sixth in an ongoing symposium on “Should We Break Up Big Tech?” that features analysis and opinion from various perspectives.] [This post is authored by Thibault Schrepel, Faculty Associate at the Berkman Center at Harvard University and Assistant Professor in European Economic Law at Utrecht University School of Law.] The pretense ... Should We Break Up Big Tech? A Look Behind the (Political) Scenes
The illiberal vision of neo-Brandeisian antitrust
Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill Kovacic, Nicolas Petit, and Christine Caffarra also spoke. If we’re lucky Bruce will post his remarks on the FTC website; they were very ... The illiberal vision of neo-Brandeisian antitrust
The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies
These days, lacking a coherent legal theory presents no challenge to the would-be antitrust crusader. In a previous post, we noted how Shaoul Sussman’s predatory pricing claims against Amazon lacked a serious legal foundation. Sussman has returned with a new post, trying to build out his fledgling theory, but fares little better under even casual ... The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies
Randy Picker on the Google Book Settlement
Randy Picker has posted The Google Book Settlement: A New Orphan Works Monopoly? to SSRN. I have not been following the antitrust issues related to the settlement as closely as I should be and so I’m really looking forward to reading this. Here is the abstract: This paper considers the proposed settlement agreement between Google ... Randy Picker on the Google Book Settlement
A guide to today’s net neutrality oral arguments
We’ll be delving into today’s oral arguments at our live-streamed TechFreedom/ICLE event at 12:30 EDT — and tweeting on the #NetNeutrality hashtag. But here are a few thoughts to help guide the frantic tea-leaf reading everyone will doubtless be engaged in after (and probably even during) the arguments: While most commentators have focused on ancillary ... A guide to today’s net neutrality oral arguments
Fleites v. MindGeek Contemplates Significant Expansion of Collateral Liability
In Fleites v. MindGeek—currently before the U.S. District Court for the District of Central California, Southern Division—plaintiffs seek to hold MindGeek subsidiary PornHub liable for alleged instances of human trafficking under the Racketeer Influenced and Corrupt Organizations (RICO) and the Trafficking Victims Protection Reauthorization Act (TVPRA). Writing for the International Center for Law & Economics ... Fleites v. MindGeek Contemplates Significant Expansion of Collateral Liability
A Cost-Benefit Prescription for FTC Online Data Security Regulation
The U.S. Federal Trade Commission (FTC) continues to expand its presence in online data regulation. On August 13 the FTC announced a forthcoming workshop to explore appropriate policies toward “big data,” a term used to refer to advancing technologies that are dramatically expanding the commercial collection, analysis, use, and storage of data. This initiative follows ... A Cost-Benefit Prescription for FTC Online Data Security Regulation
Competition Among Competition Regimes: Recent Developments in Europe and Welfare Implications
A basic premise of antitrust law (also called competition law) is that competition among private entities enhances economic welfare by reducing costs, increasing efficiency, and spurring innovation. Government competition agencies around the world also compete, by devising different substantive and procedural rules to constrain private conduct in the name of promoting competition. The welfare implications ... Competition Among Competition Regimes: Recent Developments in Europe and Welfare Implications
Immoral Trademarks and a Scandalous Disregard for The First Amendment
Last July, the Eastern District of Virginia upheld the cancellation of various trademarks of the Washington Redskins on the grounds that the marks were disparaging to Native Americans. I am neither a fan of football, nor of offensive names for sports teams–what I am is a fan of free speech. Although the Redskins may be well ... Immoral Trademarks and a Scandalous Disregard for The First Amendment
Penalizing Innovation: The FAA’s Regulation of Drones
As the late Nobel Laureate James Buchanan and other economists have long pointed out, even in the case of market failure, regulation is only potentially justified if economic welfare under regulation is likely to be higher than under an unregulated market – not an easy test to meet, in light of rampant government failure. Nevertheless, ... Penalizing Innovation: The FAA’s Regulation of Drones
