The Archives

Everything written by Eric Fruits on law, economics, and more

Warner Bros Discovery: We Have Another SpinCo

Warner Bros. Discovery announced yesterday it will split into two separate companies, following Comcast’s similar move to spin off its cable networks into a new entity called Versant. (Laugh all you want at Versant’s name, it’s better than Tronc or Monday.) To those who haven’t followed the sector’s challenges, the Warners and Comcast decisions might ... Warner Bros Discovery: We Have Another SpinCo

Simington’s Video-Competition Proposal Would Double Down on an Outdated Framework

Commissioner Nathan Simington of the Federal Communications Commission (FCC) recently penned an op-ed (together with Gavin Wax, his chief of staff) highlighting a fundamental problem in America’s media landscape: traditional broadcasters operate under strict regulatory constraints, while streaming platforms enjoy virtually unlimited freedom.  Their solution? Expand FCC oversight to include streaming services as “multichannel video ... Simington’s Video-Competition Proposal Would Double Down on an Outdated Framework

A Hipster and a Hillbilly Walk into a Bar

A curious political convergence has been reshaping U.S. antitrust policy. Conservative populists have found common cause with the so-called “neo-Brandeisians” of the left—named for the late Supreme Court Justice Louis Brandeis—in seeking to challenge big business, particularly the tech giants.  While both cohorts’ concerns about concentrated power deserve attention, their shared willingness to abandon the ... A Hipster and a Hillbilly Walk into a Bar

Could the DOJ and FTC Reform Regulations that Harm Competition?

When many think about monopolies and unfair business practices, they typically picture large corporations squashing smaller rivals. But there’s another significant culprit restricting competition that gets far less attention: government regulations themselves.  The Trump administration has in recent weeks taken the first steps toward reining in some of these regulations. The U.S. Justice Department (DOJ) ... Could the DOJ and FTC Reform Regulations that Harm Competition?

The Charter-Cox Merger Should Sail Through, But Will It?

Charter Communications Inc. and Cox Communications Inc. have announced a plan to merge in a $34.5 billion deal. The transaction would create the nation’s largest cable operator, surpassing Comcast, with approximately 38 million subscribers across 46 states.  Predictably, the proposal triggered concerns about cable-industry consolidation. Yet the reflexive anxiety about “big cable getting bigger” misses ... The Charter-Cox Merger Should Sail Through, But Will It?

Oregon’s Stone-Age Approach to Save Journalism

Oregon is the latest state to introduce legislation intended to save “digital journalism providers.” A bill working its way through the Legislative Assembly has attracted the support of mainstream media outlets, such as The Oregonian and Oregon Public Broadcasting. Even Fred Flintstone chimed in, begging the legislature to “Keep Cave News Alive.” Oregon Senate Bill ... Oregon’s Stone-Age Approach to Save Journalism

ICLE’s Comments, Comments, Comments Re: Delete, Delete, Delete

For too long, the Federal Communications Commission (FCC) has operated under a regulatory framework rooted in the Communications Act of 1934, written in an era when rotary phones and radio broadcasts dominated. This simply doesn’t cut it in 2025.  The communications world of today bears little resemblance to that of 1994, much less 1934. The ... ICLE’s Comments, Comments, Comments Re: Delete, Delete, Delete

Capital One/Discover Deal: Rumored Concerns Lack Substance

The proposed merger of Capital One Financial Corp. and Discover Financial Services Inc. would appear to be moving toward completion, as more than 99% of the companies’ shareholders voted last month to approve the $35.3 billion deal. According to at least one report, however, anonymous sources in the U.S. Justice Department (DOJ) suggest the agency ... Capital One/Discover Deal: Rumored Concerns Lack Substance

Digital Platforms Aren’t Telecoms and Their Regulations Shouldn’t Rhyme

Modern tech markets share several key economic characteristics with the telecommunications markets of the recent past, a new working paper from Georgetown Law’s Jonathan Nuechterlein and Howard Shelanski argues. And while telecom regulators have over the years sought to address these key issues of network effects, economies of scale, and switching costs through various interventions, ... Digital Platforms Aren’t Telecoms and Their Regulations Shouldn’t Rhyme

Lutnick’s BEAD Pivot: Progress Through Pragmatism

The U.S. Commerce Department plans to revamp the $42 billion Broadband Equity, Access, and Deployment (BEAD) program with a shift toward a more technology-neutral approach, Commerce Secretary Howard Lutnick announced yesterday, adding that his department is also exploring ways to cut the program’s red tape.  Lutnick’s announcement follows criticisms of BEAD’s initial focus on fiber-optic ... Lutnick’s BEAD Pivot: Progress Through Pragmatism

Media-Ownership Regulations in a Streaming World: Time to Change the Channel

Today’s media landscape bears little resemblance to the one that existed when most existing broadcast and cable regulations were created. While consumers increasingly access video content through streaming platforms subject to minimal oversight, legacy media providers continue to operate under restrictive regulatory frameworks designed for a bygone era. This regulatory asymmetry creates economic inefficiencies and ... Media-Ownership Regulations in a Streaming World: Time to Change the Channel

The Only Thing Worse Than Tariffs Is Non-Tariffs

Well, you’ve gotta hand it to President Donald Trump. Trade policy is the topic du jour, with tariffs and tariff threats grabbing most of the headlines. When Trump announced 25% tariffs on steel and aluminum imports, my neighbor rushed out to replace her refrigerator, fearing rising prices.  The small slice of the population with a ... The Only Thing Worse Than Tariffs Is Non-Tariffs