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Showing results for:  “Michael Vita”

Final DMA: Now We Know Where We’re Going, but We Still Don’t Know Why

After years of debate and negotiations, European Lawmakers have agreed upon what will most likely be the final iteration of the Digital Markets Act (“DMA”), following the March 24 final round of “trilogue” talks.  For the uninitiated, the DMA is one in a string of legislative proposals around the globe intended to “rein in” tech ... Final DMA: Now We Know Where We’re Going, but We Still Don’t Know Why

Antitrust Policy and National Security Interests

U.S. antitrust policy seeks to promote vigorous marketplace competition in order to enhance consumer welfare. For more than four decades, mainstream antitrust enforcers have taken their cue from the U.S. Supreme Court’s statement in Reiter v. Sonotone (1979) that antitrust is “a consumer welfare prescription.” Recent suggestions (see here and here) by new Biden administration ... Antitrust Policy and National Security Interests

How Not to Promote US Innovation

President Joe Biden’s July 2021 executive order set forth a commitment to reinvigorate U.S. innovation and competitiveness. The administration’s efforts to pass the America COMPETES Act would appear to further demonstrate a serious intent to pursue these objectives. Yet several actions taken by federal agencies threaten to undermine the intellectual-property rights and transactional structures that ... How Not to Promote US Innovation

Crusade Against ‘Big Meat’ Is Latest Example of Misguided Effort to Use Antitrust as Anti-Inflation Tool

As a new year dawns, the Biden administration remains fixated on illogical, counterproductive “big is bad” nostrums. Noted economist and former Clinton Treasury Secretary Larry Summers correctly stressed recently that using antitrust to fight inflation represents “science denial,” tweeting that: https://twitter.com/LHSummers/status/1475230229715161088?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1475230229715161088%7Ctwgr%5E96a71298bebab919293b15f5c86903f5e1c33519%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Flaweconcenter.wpengine.com%2F2022%2F01%2F05%2Fcrusade-against-big-meat-is-latest-example-of-misguided-effort-to-use-antitrust-as-anti-inflation-tool%2F In his extended Twitter thread, Summers notes that labor shortages are the primary cause ... Crusade Against ‘Big Meat’ Is Latest Example of Misguided Effort to Use Antitrust as Anti-Inflation Tool

Breaking Down the American Choice and Innovation Online Act

The American Choice and Innovation Online Act (previously called the Platform Anti-Monopoly Act), introduced earlier this summer by U.S. Rep. David Cicilline (D-R.I.), would significantly change the nature of digital platforms and, with them, the internet itself. Taken together, the bill’s provisions would turn platforms into passive intermediaries, undermining many of the features that make ... Breaking Down the American Choice and Innovation Online Act

How US and EU Competition Law Differ

U.S. and European competition laws diverge in numerous ways that have important real-world effects. Understanding these differences is vital, particularly as lawmakers in the United States, and the rest of the world, consider adopting a more “European” approach to competition. In broad terms, the European approach is more centralized and political. The European Commission’s Directorate ... How US and EU Competition Law Differ

Antitrust Statutorification

A lot of water has gone under the bridge since my book was published last year. To close this symposium, I thought I would discuss the new phase of antirust statutorification taking place before our eyes. In the United States, Congress is working on five antitrust bills that propose to subject platforms to stringent obligations, ... Antitrust Statutorification

ICLE at the Oxford Union

Earlier this year, the International Center for Law & Economics (ICLE) hosted a conference with the Oxford Union on the themes of innovation, competition, and economic growth with some of our favorite scholars. Though attendance at the event itself was reserved for Oxford Union members, videos from that day are now available for everyone to ... ICLE at the Oxford Union

The NCAA: Dr Jekyll or Mr Hyde?

The U.S. Supreme Court will hear a challenge next month to the 9th U.S. Circuit Court of Appeals’ 2020 decision in NCAA v. Alston. Alston affirmed a district court decision that enjoined the National Collegiate Athletic Association (NCAA) from enforcing rules that restrict the education-related benefits its member institutions may offer students who play Football ... The NCAA: Dr Jekyll or Mr Hyde?

Ajit Pai Brought the FCC’s Media Ownership Rules into the Modern Age

I’m delighted to add my comments to the chorus of voices honoring Ajit Pai’s remarkable tenure at the Federal Communications Commission. I’ve known Ajit longer than most. We were classmates in law school … let’s just say “many” years ago. Among the other symposium contributors I know of only one—fellow classmate, Tom Nachbar—who can make ... Ajit Pai Brought the FCC’s Media Ownership Rules into the Modern Age

Pai Dedicated His Tenure to Improving US Broadband

Ajit Pai came into the Federal Communications Commission chairmanship with a single priority: to improve the coverage, cost, and competitiveness of U.S. broadband for the benefit of consumers. The 5G Fast Plan, the formation of the Broadband Deployment Advisory Committee, the large spectrum auctions, and other broadband infrastructure initiatives over the past four years have ... Pai Dedicated His Tenure to Improving US Broadband

The (Conventional) 5G Chairman

Chairman Ajit Pai prioritized making new spectrum available for 5G. To his credit, he succeeded. Over the course of four years, Chairman Pai made available more high-band and mid-band spectrum, for licensed use and unlicensed use, than any other Federal Communications Commission chairman. He did so in the face of unprecedented opposition from other federal ... The (Conventional) 5G Chairman