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

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We Should Not Have Our Constitution Redesigned by Antitrust Lawyers

[TOTM: The following is the sixth in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Kristian Stout, Associate Director at the International Center for Law & Economics. There is a push underway to punish big tech ... We Should Not Have Our Constitution Redesigned by Antitrust Lawyers

Big Ink vs. Bigger Tech

[TOTM: The following is the fifth in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Ramsi Woodcock, Assistant Professor, College of Law, and Assistant Professor, Department of Management at Gatton College of Business & Economics, University ... Big Ink vs. Bigger Tech

Competition Law as a Swiss Army Knife (Move Fast and Break Things?)

[TOTM: The following is the fourth in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Valentin Mircea, a Senior Partner at Mircea and Partners Law Firm, Bucharest, Romania. The enforcement of competition rules in the European ... Competition Law as a Swiss Army Knife (Move Fast and Break Things?)

Does Political Power Follow Economic Power?

[TOTM: The following is the third in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Geoffrey A. Manne, president and founder of the International Center for Law & Economics, and Alec Stapp, Research Fellow at the ... Does Political Power Follow Economic Power?

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 While sunsetting is, in the abstract, seemingly a good thing to ensure rules don’t become outdated, there are an interlocking set of interest groups ...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

Making Sense of the Google Android Decision (part 2): Ignoring Google’s Competitors

This is the second in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here). It draws on research from a soon-to-be published ICLE white paper. (Left, Android 10 Website; Right, iOS 13 Website) In a previous post, I argued that the Commission failed ... Making Sense of the Google Android Decision (part 2): Ignoring Google’s Competitors

Private Antitrust: What Hipsters Can Learn from Hulk Hogan

Antitrust populists have a long list of complaints about competition policy, including: laws aren’t broad enough or tough enough, enforcers are lax, and judges tend to favor defendants over plaintiffs or government agencies. The populist push got a bump with the New York Times coverage of Lina Khan’s “Amazon’s Antitrust Paradox” in which she advocated ... Private Antitrust: What Hipsters Can Learn from Hulk Hogan

Making Sense of the Google Android Decision (part 1): Four Problems with the EU Commission’s Market Definition

This is the first in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision. It draws on research from a soon-to-be published ICLE white paper. The European Commission’s recent Google Android decision will surely go down as one of the most important competition proceedings of the past decade. And yet, ... Making Sense of the Google Android Decision (part 1): Four Problems with the EU Commission’s Market Definition

Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

John Maynard Keynes wrote in his famous General Theory that “[t]he ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men who believe themselves to be quite exempt from any intellectual influence, ... Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

The Snobbery of Bashing Big Tech

In the spring of 1669 a “flying coach” transported six passengers from Oxford to London in a single day. Within a few years similar carriage services connected many major towns to the capital. “As usual,” Lord Macaulay wrote in his history of England, “many persons” were “disposed to clamour against the innovation, simply because it ... The Snobbery of Bashing Big Tech

Does Apple’s “Discrimination” Against Rival Apps in the App Store harm Consumers?

A spate of recent newspaper investigations and commentary have focused on Apple allegedly discriminating against rivals in the App Store. The underlying assumption is that Apple, as a vertically integrated entity that operates both a platform for third-party apps and also makes it own apps, is acting nefariously whenever it “discriminates” against rival apps through ... Does Apple’s “Discrimination” Against Rival Apps in the App Store harm Consumers?

Why Data Is Not the New Oil

“Data is the new oil,” said Jaron Lanier in a recent op-ed for The New York Times. Lanier’s use of this metaphor is only the latest instance of what has become the dumbest meme in tech policy. As the digital economy becomes more prominent in our lives, it is not unreasonable to seek to understand ... Why Data Is Not the New Oil