The Archives

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

Showing results for:  “digital markets act”

7 Big Questions About the Open App Markets Act

With just a week to go until the U.S. midterm elections, which potentially herald a change in control of one or both houses of Congress, speculation is mounting that congressional Democrats may seek to use the lame-duck session following the election to move one or more pieces of legislation targeting the so-called “Big Tech” companies. ... 7 Big Questions About the Open App Markets Act

The New FTC Section 5 Policy Statement: Full of Sound and Fury, Signifying Nothing?

The Federal Trade Commission’s (FTC) Nov. 10 Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act—adopted by a 3-1 vote, with Commissioner Christine Wilson issuing a dissenting statement—holds out the prospect of dramatic new enforcement initiatives going far beyond anything the FTC has done in ... The New FTC Section 5 Policy Statement: Full of Sound and Fury, Signifying Nothing?

In Apple v Epic, 9th Circuit Should Remember that Antitrust Forbids Enhancing, not Exercising, Market Power

On March 31, I and several other law and economics scholars filed an amicus brief in Epic Games v. Apple, which is on appeal to the U.S. Court of Appeals for Ninth Circuit.  In this post, I summarize the central arguments of the brief, which was joined by Alden Abbott, Henry Butler, Alan Meese, Aurelien ... In Apple v Epic, 9th Circuit Should Remember that Antitrust Forbids Enhancing, not Exercising, Market Power

Building the Digital Future: Can the EU Foster a Dynamic and Crime-Free Internet?

The European Commission has unveiled draft legislation (the Digital Services Act, or “DSA”) that would overhaul the rules governing the online lives of its citizens. The draft rules are something of a mixed bag. While online markets present important challenges for law enforcement, the DSA would significantly increase the cost of doing business in Europe ... Building the Digital Future: Can the EU Foster a Dynamic and Crime-Free Internet?

From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation

The European Union’s implementation of the Digital Markets Act (DMA), whose stated goal is to bring more “fairness” and “contestability” to digital markets, could offer some important regulatory lessons to those countries around the world that have been rushing to emulate the Old Continent.  The first regards “regulatory humility.” Designing ex ante regulation to promote ... From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation

Amazon Italy’s Efficiency Offense

Early last month, the Italian competition authority issued a record 1.128 billion euro fine against Amazon for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (TFEU). In its order, the Agenzia Garante della Concorrenza e del Mercato (AGCM) essentially argues that Amazon has combined its Amazon.it marketplace ... Amazon Italy’s Efficiency Offense

The FTC Abandons the Free Market

In December 2021, the Federal Trade Commission (FTC) released its statement of regulatory priorities for 2022, which describes its intention to expand the agency’s rulemaking activities to target “unfair methods of competition” (UMC) under Section 5 of the Federal Trade Commission Act (FTC Act), in addition to (and in some cases, presumably in place of) ... The FTC Abandons the Free Market

The FTC’s UMC Statement Creates a Target for Federal Courts

The Federal Trade Commission’s (FTC) recently released Policy Statement on unfair methods of competition (UMC) has a number of profound problems, which I will detail below. But first, some praise: if the FTC does indeed plan to bring many lawsuits challenging conduct as a standalone UMC (I am dubious it will), then the public ought ... The FTC’s UMC Statement Creates a Target for Federal Courts

FTC on the Gig Economy: The Glass is Almost Empty

The business press generally describes the gig economy that has sprung up around digital platforms like Uber and TaskRabbit as a beneficial phenomenon, “a glass that is almost full.” The gig economy “is an economy that operates flexibly, involving the exchange of labor and resources through digital platforms that actively facilitate buyer and seller matching.” ... FTC on the Gig Economy: The Glass is Almost Empty

Section 5, Collateral Consequences, and Counting Unicorns

Judge Frank Easterbrook once opined that observing predatory pricing was a bit like seeing a unicorn —  in the sense that it was a phenomena around which there was much lore but not much empirical evidence.  The debate over the current expansion of Section 5 liability increasingly has become about the search for a different ... Section 5, Collateral Consequences, and Counting Unicorns

Systemic Risk and Copyright in the EU AI Act

The European Parliament’s approval last week of the AI Act marked a significant milestone in the regulation of artificial intelligence. While the law’s final text is less alarming than what was initially proposed, it nonetheless still includes some ambiguities that could be exploited by regulators in ways that would hinder innovation in the EU.  Among ... Systemic Risk and Copyright in the EU AI Act

Thank you, Stigler Center, for the Compliment. Now Here’s Why You’re Wrong.

This guest post is by Neil Chilson, Senior Research Fellow for Technology and Innovation at Charles Koch Institute and former Chief Technologist at the Federal Trade Commission. Is it rude to respond to a compliment with a rebuttal? I’m afraid that’s what I’m about to do. The antitrust reformers at the University of Chicago’s Stigler ... Thank you, Stigler Center, for the Compliment. Now Here’s Why You’re Wrong.