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Showing results for:  “digital markets act”

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.

Case closed: Google wins (for now)

The European Commission and its supporters were quick to claim victory following last week’s long-awaited General Court of the European Union ruling in the Google Shopping case. It’s hard to fault them. The judgment is ostensibly an unmitigated win for the Commission, with the court upholding nearly every aspect of its decision.  However, the broader ... Case closed: Google wins (for now)

Untangling the 9th Circuit’s Ruling in Epic Games v Apple

The 9th U.S. Circuit Court of Appeals ruled late last month on Epic Games’ appeal of the decision rendered in 2021 by the U.S. District Court for the Northern District of California in Epic Games v Apple, affirming in part and reversing in part the district court’s judgment. In the original case, Epic had challenged as a violation ... Untangling the 9th Circuit’s Ruling in Epic Games v Apple

The destiny of telecom regulation is antitrust

This week the FCC will vote on Chairman Ajit Pai’s Restoring Internet Freedom Order. Once implemented, the Order will rescind the 2015 Open Internet Order and return antitrust and consumer protection enforcement to primacy in Internet access regulation in the U.S. In anticipation of that, earlier this week the FCC and FTC entered into a ... The destiny of telecom regulation is antitrust

Does the DMA Let Gatekeepers Protect Data Privacy and Security?

It’s been an eventful two weeks for those following the story of the European Union’s implementation of the Digital Markets Act. On April 18, the European Commission began a series of workshops with the companies designated as “gatekeepers” under the DMA: Apple, Meta, Alphabet, Amazon, ByteDance, and Microsoft. And even as those workshops were still ... Does the DMA Let Gatekeepers Protect Data Privacy and Security?

How the FTC’s Amazon Case Gerrymanders Relevant Markets and Obscures Competitive Processes

As Greg Werden has noted, the process of defining the relevant market in an antitrust case doesn’t just finger which part of the economy is allegedly affected by the challenged conduct, but it also “identifies the competitive process alleged to be harmed.” Unsurprisingly, plaintiffs in such proceedings (most commonly, antitrust enforcers) often seek to set ... How the FTC’s Amazon Case Gerrymanders Relevant Markets and Obscures Competitive Processes

James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act

The FTC has long been on a quest to find the elusive species of conduct that Section 5 alone can tackle.  A series of early Supreme Court cases interpreting the FTC Act – the most recent and widely cited of which is more than forty years old (FTC v. Sperry & Hutchinson Co., 405 U.S. ... James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act

What’s An Internet Monopolist? A Reply to Professor Wu

We’ve been reading with interest a bit of an blog squabble between Tim Wu and Adam Thierer ( see here and here) set off by Professor Wu’s WSJ column: “In the Grip of the New Monopolists.”  Wu’s column makes some remarkable claims, and, like Adam, we find it extremely troubling. Wu starts off with some ... What’s An Internet Monopolist? A Reply to Professor Wu

Political Philosophy, Competition, and Competition Law: The Road to and from Neoliberalism, Part 3

As it has before in its history, liberalism again finds itself at an existential crossroads, with liberally oriented reformers generally falling into two camps: those who seek to subordinate markets to some higher vision of the common good and those for whom the market itself is the common good. The former seek to rein in, ... Political Philosophy, Competition, and Competition Law: The Road to and from Neoliberalism, Part 3

Note to the FTC: Punishing Efficiency Means Destroying Competition

Yesterday, Lina Khan’s FTC released their long-awaited draft merger guidelines for public comment. Regrettably yet not unsurprisingly, the new guidelines are a radical departure from established case law and antitrust thinking. They’re marked by a failure to account for the role of efficiencies in the competitive process, and a failure to distinguish between the implications of generally ... Note to the FTC: Punishing Efficiency Means Destroying Competition