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To Infinity and Beyond: The New Broadband Map Has Landed!

Announced with the sort of breathless press release one might expect for the launch of a new product like Waystar Royco’s Living+, the Federal Communications Commission (FCC) has gone into full-blown spin mode over its latest broadband map. This is, to be clear, the map that the National Telecommunications and Information Administration (NTIA) will use ... To Infinity and Beyond: The New Broadband Map Has Landed!

No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

What should a competition law for 21st century look like? This point is debated across many jurisdictions. The Digital Markets, Competition, and Consumers Bill (DMCC) would change UK competition law’s approach to large platforms. The bill’s core point is to place the UK Competition and Markets Authority’s (CMA) Digital Markets Unit (DMU) on a statutory footing with ... No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

Twitter v. Taamneh: Intermediary Liability, The First Amendment, and Section 230

After the oral arguments in Twitter v. Taamneh, Geoffrey Manne, Kristian Stout, and I spilled a lot of ink thinking through the law & economics of intermediary liability and how to draw lines when it comes to social-media companies’ responsibility to prevent online harms stemming from illegal conduct on their platforms. With the Supreme Court’s recent decision in Twitter v. Taamneh, ... Twitter v. Taamneh: Intermediary Liability, The First Amendment, and Section 230

How Much Information Do Markets Require?

One of the biggest names in economics, Daron Acemoglu, recently joined the mess that is Twitter. He wasted no time in throwing out big ideas for discussion and immediately getting tons of, let us say, spirited replies. One of Acemoglu’s threads involved a discussion of F.A. Hayek’s famous essay “The Use of Knowledge in Society,” wherein ... How Much Information Do Markets Require?

If the UK Wants to Remain a Tech Leader, It Needs Less Regulation, Not More

Brexit was supposed to free the United Kingdom from Brussels’ heavy-handed regulation and red tape. But dreams of a Singapore-on-the-Thames are slowly giving way to ill-considered regulation that threatens to erode Britain’s position as one of the world’s leading tech hubs. The UK Competition and Markets Authority’s recent decision to block the merger of Microsoft ... If the UK Wants to Remain a Tech Leader, It Needs Less Regulation, Not More

Antitrust at the Agencies Roundup: The Orphanโ€™s Hypothetical Competitor Edition

Some may refer to this as the Roundup Formerly Known as the FTC Roundup. If you recorded yourself while reading out loud, and your name is Dove, that is what it sounds like when doves sigh. Maybe He Never Said ‘Never’ The U.S. Justice Department’s (DOJ) Antitrust Division recently agreed to settle its challenge of Swedish conglomerate ... Antitrust at the Agencies Roundup: The Orphanโ€™s Hypothetical Competitor Edition

UK Poised to Begin Realizing Brexitโ€™s Regulatory-Reform Potential

The United Kingdom’s 2016 “Brexit” decision to leave the European Union created the opportunity for the elimination of unwarranted and excessive EU regulations that had constrained UK economic growth and efficiency. Recognizing that fact, former Prime Minister Boris Johnson launched the Task Force on Innovation, Growth, and Regulatory Reform, whose May 2021 report recommended “a new regulatory ... UK Poised to Begin Realizing Brexitโ€™s Regulatory-Reform Potential

The Law & Economics of Childrenโ€™s Online Safety: The First Amendment and Online Intermediary Liability

Legislation to secure children’s safety online is all the rage right now, not only on Capitol Hill, but in state legislatures across the country. One of the favored approaches is to impose on platforms a duty of care to protect teen users. For example, Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) have reintroduced the Kid’s ... The Law & Economics of Childrenโ€™s Online Safety: The First Amendment and Online Intermediary Liability

FTC Returns to Section 18 Rulemaking with Impersonation Fraud Hearing

The Federal Trade Commission (FTC) last week held its first informal hearing in 20 years on Section 18 rulemaking. The hearing itself had a technical delay, which to us participants felt like another 20 years, but was a mere two hours or so. At issue is a proposed rule intended to target impersonation fraud. Impersonation fraudsters hold themselves out ... FTC Returns to Section 18 Rulemaking with Impersonation Fraud Hearing

Whatcha Gonna Do When the Well Runs Dry?

As the U.S. House Energy and Commerce Subcommittee on Oversight and Investigations convenes this morning for a hearing on overseeing federal funds for broadband deployment, it bears mention that one of the largest U.S. broadband-subsidy programs is actually likely run out of money within the next year. Writing in Forbes, Roslyn Layton observes of the Affordable Connectivity Program ... Whatcha Gonna Do When the Well Runs Dry?

Biweekly FTC Roundup: Bureau of Letโ€™s-Sue-Meta Edition

The Federal Trade Commission (FTC) might soon be charging rent to Meta Inc. The commission earlier this week issued (bear with me) an “Order to Show Cause why the Commission should not modify its Decision and Order, In the Matter of Facebook, Inc., Docket No. C-4365 (July 27, 2012), as modified by Order Modifying Prior Decision and Order, In ... Biweekly FTC Roundup: Bureau of Letโ€™s-Sue-Meta Edition

UK Blocking of Microsoft-Activision Merger Is Anticompetitive and Anti-Innovation

The United Kingdom’s Competition and Markets Authority (CMA) late last month moved to block Microsoft’s proposed vertical acquisition of Activision Blizzard, a video-game developer that creates and publishes games such as Call of Duty, World of Warcraft, Diablo, and Overwatch. Microsoft summarized this transaction’s substantial benefits to video game players in its January 2022 press release announcing the proposed merger. The ... UK Blocking of Microsoft-Activision Merger Is Anticompetitive and Anti-Innovation