Showing results for: “digital markets act”
Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations
I participated yesterday in a webinar panel hosted by the Federalist Society’s Regulatory Transparency Project. The video was livestreamed at YouTube. Below, I offer my opening remarks, with some links. Thank you for having me. As mentioned, I’m a senior scholar in innovation policy at the International Center for Law & Economics (ICLE). This means ... Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations
What Am I Missing About Antitrust Exemptions?
Geoff mentions the pending bills on the Hill that would grant merchants an antitrust exemption to negotiate interchange fees. The insurance industry exemption has also been in the news of late in the wake of the Democrats’ threats of repeal. Here’s what I’m puzzled about. Other than self-interested parties that have a lot to gain ... What Am I Missing About Antitrust Exemptions?
Regulatory Humility or Regulatory Hubris at the Federal Trade Commission?
Competition policy at the Federal Trade Commission (FTC) will naturally ebb and flow, depending on its leadership. Over the years, some commissions have taken a more aggressive approach, while others have granted greater credibility to market forces. Still, regardless of the party in power, the agency was generally able to maintain a solid reputation as ... Regulatory Humility or Regulatory Hubris at the Federal Trade Commission?
The SEC gets that old time climate religion. Hallelujah, praise Gore.
Today the SEC voted 3-2 to approve an interpretive release offering guidance to companies on disclosure obligations as they relate to climate change. Commissioners Casey and Paredes voted to reject the proposed guidance. Everyone can agree that companies may have an obligation under Regulation S-K to disclose risks arising from, among other many things, climate ... The SEC gets that old time climate religion. Hallelujah, praise Gore.
The efficient level of torture
Every morning on my 1-mile drive to work, I pass two signs expressing outrage about torture – one is a hand-made yard sign, the other an ominous black banner hanging from a church window: “torture is wrong.” (Yes, punctuation by e.e. cummings it seems.) Is it? I’m not sure. The optimal amount of torture is ... The efficient level of torture
The Amazon investigation and Europe’s “Big Tech” Crusade
The dust has barely settled on the European Commission’s record-breaking €4.3 Billion Google Android fine, but already the European Commission is gearing up for its next high-profile case. Last month, Margrethe Vestager dropped a competition bombshell: the European watchdog is looking into the behavior of Amazon. Should the Commission decide to move further with the ... The Amazon investigation and Europe’s “Big Tech” Crusade
Problems with the Evidence of Anticompetitive Harm from Common Ownership
Mike Sykuta and I have been blogging about our new paper responding to scholars who contend that institutional investors’ common ownership of small stakes in competing firms significantly reduces market competition and should be restricted. (FTC Commissioner Noah Phillips cited the paper yesterday in his excellent prepared remarks on common ownership.) Mike first described the ... Problems with the Evidence of Anticompetitive Harm from Common Ownership
FTC UMC Roundup – Can’t a Man Eat in Peace Edition
This week’s news can be divided into PM and AM editions – pre-Manchin and after-Manchin. Anything that seemed possible in Congress before Senators Manchin (D-WV) and Schumer (D-NY) announced their agreement on a reconciliation bill that addresses climate, energy, and tax issues now seems far less likely. Congress hath no fury like a McConnell scorned. ... FTC UMC Roundup – Can’t a Man Eat in Peace Edition
Why doesn’t majority voting as implemented have more teeth?
The whole idea behind majority voting for the election of directors, to paraphrase ISS, is that it transforms uncontested elections from symbolic to democratic. This is because majority voting in its purest form would give shareholders veto authority over management candidates—authority not afforded to shareholders under the traditional plurality voting standard. Critics maintain that giving ... Why doesn’t majority voting as implemented have more teeth?
Will the Courts Allow the FCC to Execute One More Title II Flip Flop?
The U.S. Supreme Court’s recent decision in Loper Bright v. Raimondo may have added a new wrinkle to the decades-long fight over whether broadband internet-access services should be classified as “telecommunications services” under Title II of the Communications Act. The Federal Communications Commission (FCC) has flip-flopped multiple times over the years on this hotly debated ... Will the Courts Allow the FCC to Execute One More Title II Flip Flop?
Pre-formation fiduciary duties in LLCs: another NY problem
I have often complained (e.g., here) of the troubling lawlessness of NY LLC law, a problem that may be affecting the use of LLCs in that state and thereby NY’s business environment. A recent example is Roni LLC v Arfa. Investors in a real estate deal sued the promoters for breach of fiduciary duty by ... Pre-formation fiduciary duties in LLCs: another NY problem
FTC v. AbbVie – Questioning the Agency’s Enforcement Authority
A pending case in the U.S. Court of Appeals for the 3rd Circuit has raised several interesting questions about the FTC enforcement approach and patent litigation in the pharmaceutical industry. The case, FTC v. AbbVie, involves allegations that AbbVie (and Besins) filed sham patent infringement cases against generic manufacturer Teva (and Perrigo) for the purpose ... FTC v. AbbVie – Questioning the Agency’s Enforcement Authority
