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

Showing results for:  “digital markets act”

Has the Biden Administration Taken Over Broadband?

Betteridge’s Law of Headlines states: “Any headline that ends in a question mark can be answered by the word no.” But, apparently, folks in the nation’s capital found a way around Betteridge’s Law.  This week, a U.S. House subcommittee hearing featured testimony from all five members of the Federal Communications Commission (FCC). The majority on ... Has the Biden Administration Taken Over Broadband?

Google, Amazon, Switching Costs, and Red Herrings

Way back in May, I cracked wise about the Federal Trade Commission’s (FTC) fictional “Bureau of Let’s Sue Meta,” noting that the commission’s proposal (really, an “order to show cause”) to modify its 2020 settlement of a consumer-protection matter with what had then been Facebook—in other words, a settlement modifying a 2012 settlement—was the FTC’s ... Google, Amazon, Switching Costs, and Red Herrings

A Brief History of the US Drug Approval Process, and the Birth of Accelerated Approval

This is the second post about the U.S. drug-approval process; the first post is here. It will explore how the Food and Drug Administration (FDA) arose, how disasters drove its expansion and regulatory oversight, and how the epidemic of the human immunodeficiency virus (HIV) changed the approval processes. The Arrival of New Medicines Lone inventors, ... A Brief History of the US Drug Approval Process, and the Birth of Accelerated Approval

Indiana Jones and the Allocation of Spectrum

Hootenannies are mostly peaceful affairs, so it’s a bit awkward to invoke a violent metaphor here.  In “Raiders of the Lost Ark,” Indiana Jones runs down a Cairo sidestreet only to be confronted by a swordsman. The swordsman makes a big show of tossing his weapon from hand-to-hand and swirling it around. But Indy has ... Indiana Jones and the Allocation of Spectrum

Making Sure New Medicines Are Safe, Effective, and Approved Quickly: A Theoretical Approach

This is the first in what will be a series of posts discussing how new medicines are introduced and regulated in the United States, and how the status quo could be improved. As will be established over the course of the series, the current system is slow and leads to poor outcomes for patients.  Why ... Making Sure New Medicines Are Safe, Effective, and Approved Quickly: A Theoretical Approach

EU’s Cybersecurity Draft Shifts Toward Hard Protectionism

A year ago, we cautioned that the EU Cybersecurity Certification Scheme for Cloud Services (EUCS) threatened to embed ill-conceived economic protectionism into the EU’s cybersecurity rules. And, indeed, the European Commission, which has made clear its commitment to pursue “digital sovereignty” for the European Union, can claim some preliminary successes on that front. A recent ... EU’s Cybersecurity Draft Shifts Toward Hard Protectionism

An Inconvenient Truth: Net Neutrality Depresses Broadband Investment

It happens at just about every hootenanny. There’s always at least one song that clears the dance floor. Some tunes, people just won’t dance to. But with a little remixing and a better tempo, even a dirge can be danceable. For years, the Federal Communications Commission (FCC) has refused to dance to the tune of ... An Inconvenient Truth: Net Neutrality Depresses Broadband Investment

Gatekeeping, the DMA, and the Future of Competition Regulation

The European Commission late last month published the full list of its “gatekeeper” designations under the Digital Markets Act (DMA). Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft—the six designated gatekeepers—now have six months to comply with the DMA’s list of obligations and restrictions with respect to their core platform services (CPS), or they stand to ... Gatekeeping, the DMA, and the Future of Competition Regulation

Latin America Should Follow Its Own Path on Digital-Markets Competition

In order to promote competition in digital markets,[1] Latin American countries should not copy and paste “solutions” from other jurisdictions, but rather design their own set of policies. In short, Latin American countries—like my own, Peru—should not “put the cart before the horse” and regulate markets that are not yet mature. Digital or “tech” markets ... Latin America Should Follow Its Own Path on Digital-Markets Competition

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

The Biden Executive Order on AI: A Recipe for Anticompetitive Overregulation

The Biden administration’s Oct. 30 “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” proposes to “govern… the development and use of AI safely and responsibly” by “advancing a coordinated, Federal Government-wide approach to doing so.” (Emphasis added.) This “all-of-government approach,” which echoes the all-of-government approach of the 2021 “Executive ... The Biden Executive Order on AI: A Recipe for Anticompetitive Overregulation

Gotta Go Fast: Sonic the Hedgehog Meets the FCC

Federal Communications Commission (FCC) Chair Jessica Rosenworcel this week announced a notice of inquiry (NOI) seeking input on a proposal to raise the minimum connection-speed benchmarks that the commission uses to define “broadband.” The current benchmark speed is 25/3 Mbps. The chair’s proposal would raise the benchmark to 100/20 Mbps, with a goal of having ... Gotta Go Fast: Sonic the Hedgehog Meets the FCC