AI Hallucinations, GDPR, and the Importance of Cautious Optimism
The General Data Protection Regulation (GDPR), the EU’s data-protection law, requires accuracy in processing personal data. But generative-AI services, such as large language models (LLM), may “hallucinate” or reflect information that is false but widely spread. On one hand, such inaccuracies may seem like an inherent feature of the technology. On the other, some major ... AI Hallucinations, GDPR, and the Importance of Cautious Optimism
The Year in Telecom: A Hootenanny Roundup
They say that when you’re raising kids, the days drag on, but the years fly by. The same could be said for this year in telecom policy. In 2024, the telecommunications industry faced a whirlwind of regulatory changes, legal challenges, and more than its fair share of fire drills without a fire. Let’s use this ... The Year in Telecom: A Hootenanny Roundup
The View from Korea: A TOTM Q&A with Dae Sik Hong
Professor Hong, could you please tell us a bit more about your background and how you got interested in digital competition regulation? In South Korea, I have unique combined experience as a court judge and as an antitrust specialist at a major law firm, conducting numerous research projects that connect theory and practice. I have ... The View from Korea: A TOTM Q&A with Dae Sik Hong
DOJ’s Not-so-Modest Proposal
The U.S. Justice Department (DOJ) late last month filed its much-anticipated initial proposed final judgment in the Google Search antitrust case. The proposal—to use a bit of baseball parlance—swung for the fences. Maybe they’ll get a hit, or maybe even a home run. Or not. Dodgers superstar Shohei Ohtani hit a whopping 54 home runs ... DOJ’s Not-so-Modest Proposal
Forced Sharing: Stepping Stones or Stumbling Blocks?
Recent headlines about the U.S. Justice Department’s (DOJ) antitrust case targeting Google Search echo a familiar policy script. In a recent Wall Street Journal op-ed, Thomas Lenard and Scott Wallsten warn that forcing Google to share its technology could undermine innovation—a lesson they say we should have learned from telecommunications policy decades ago. In 1996, ... Forced Sharing: Stepping Stones or Stumbling Blocks?
It May Be Time to Consider Reforming Global Competition Policy
As the incoming Trump administration contemplates ways to promote U.S. economic growth and innovation, it may wish to consider two possible new global competition-policy initiatives. These actions, if successful, could help protect American (and foreign) firms from foreign government impediments to effective competition. Antitrust Around the World Antitrust law (called competition law in other countries) ... It May Be Time to Consider Reforming Global Competition Policy
Reclaiming Antitrust
The United States is the birthplace of antitrust, starting with the enactment of the Sherman Antitrust Act in 1890. During the late 19th and early 20th century, cartels were common in Europe, while U.S. antitrust enforcers unraveled them. Only after World War II did European countries incrementally adopt competition law in various forms. Since that ... Reclaiming Antitrust
Why Trump May Consolidate Federal Antitrust Enforcement
President-elect Donald Trump’s new “Department of Government Efficiency” has been tasked with providing advice and guidance on reducing government waste and restructuring federal agencies. One act of restructuring that may warrant consideration would involve consolidating all federal antitrust enforcement within the U.S. Justice Department (DOJ). There are strong arguments that this would reduce waste. In addition, ... Why Trump May Consolidate Federal Antitrust Enforcement
Why It May Be Time to Consider a Merger Policy Reset in 2025
The Biden administration’s federal antitrust regulators—the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC)—have been widely perceived as actively discouraging mergers and acquisitions. This reflects the rejection of a longstanding bipartisan understanding that government would only oppose proposed M&A transactions that are likely to harm competition. The Biden approach arguably threatens to harm the ... Why It May Be Time to Consider a Merger Policy Reset in 2025
European Competition Law Is Lost at Sea
Imagine a world where digital-competition policy was guided by a desire to foster startup activity, competitiveness and, ultimately, growth. Competition policymakers would promote market conditions that enable new digital services to rapidly launch, gain user traction, and achieve greater scale. All of this would improve productivity, drive down prices for existing services, and help to ... European Competition Law Is Lost at Sea
What Project 2025 Can Tell Us About Brendan Carr’s FCC Priorities
My high-school-aged son came home from school the day after Election Day in distress. His history teacher spent the entire class listing the Parade of Horribles in Project 2025 and its dire consequences for the United States. I asked my son, “Project 2025 is more than 900 pages. Do you think your teacher read it?” ... What Project 2025 Can Tell Us About Brendan Carr’s FCC Priorities
Clarifying Antitrust Law by Straightening Teeth
More than a century ago, the U.S. Supreme Court held that the Sherman Act does not interfere with the “unquestioned right to stop dealing,” but the legacy of the Aspen Skiing is that terminating voluntary cooperation with a rival can give rise to liability. A case now on appeal could determine whether the “right to ... Clarifying Antitrust Law by Straightening Teeth
