Gotta Catch ’Em All? Antitrust and the AI Talent Wars
The AI talent wars have produced a steady stream of stories that seem tailor-made to confirm everyone’s worst suspicions about Big Tech: nine-figure pay packages for star researchers, entire startup teams absorbed without a formal acquisition, and—most strikingly—reports of elite AI scientists paid handsomely to do nothing for a year under “garden leave” arrangements rather ... Gotta Catch ’Em All? Antitrust and the AI Talent Wars
WarGames, Shopping Bots, and the Statute Trap: The CFAA and Amazon v Perplexity
When the 9th U.S. Circuit Court of Appeals hears oral argument later today in Amazon.com Services LLC v. Perplexity AI, Inc., it will confront a novel question: how should the Computer Fraud and Abuse Act (CFAA), a statute designed to punish computer break-ins, apply to an AI agent that browses the web on a user’s ... WarGames, Shopping Bots, and the Statute Trap: The CFAA and Amazon v Perplexity
Grow the Pie, Skip the Sermon
In a recent Substack essay, “The progress movement needs a better theory of progress,” Brink Lindsey argues that the progress movement has settled for too thin a vision. It focuses on wealth creation and technological advance, he says, when it should adopt a “fuller conception of progress”—one that promotes “spiritual welfare” and thicker accounts of ... Grow the Pie, Skip the Sermon
Decorative Safe Harbors: The Judicial Hollowing-Out of Intermediary Accountability
The U.S. Supreme Court just made it much harder to hold at least some internet intermediaries liable for what their users do. And in the process, it may have made key statutory safe harbors largely irrelevant. The Court’s unanimous reversal of the billion-dollar copyright verdict against Cox Communications has drawn predictable headlines. Some commentators cast ... Decorative Safe Harbors: The Judicial Hollowing-Out of Intermediary Accountability
‘Limits of Antitrust’ by Frank Easterbrook
The Core Argument: Markets Beat Courts at Correcting Monopoly Frank H. Easterbrook’s 1984 Texas Law Review article “Limits of Antitrust” advances a deceptively simple thesis that fundamentally reoriented competition policy: antitrust law should recognize its own institutional limitations and design rules accordingly. The article contains two central insights. The first is that, because “antitrust is ... ‘Limits of Antitrust’ by Frank Easterbrook
Self-Preferencing Isn’t a Sin. It’s Often the Way Competition Works.
Paris has decided that 2025 is the year to crack down on “autopréférence,” with the Autorité de la Concurrence opening a public consultation in June under France’s new law “to secure and regulate the digital space.” The inquiry asks interested parties to identify cases where a cloud-computing service provider treats its own software better than ... Self-Preferencing Isn’t a Sin. It’s Often the Way Competition Works.
Beyond Market Definition: Key Economic Concepts in FTC v Amazon
The Federal Trade Commission’s (FTC) antitrust suit against Amazon, originally filed in October 2023, is scheduled for trial in October 2026. While we’ve previously explored the market-definition questions at the center of this case, several other economic concepts will be equally important in determining whether Amazon has violated antitrust laws. Ahead of a scheduled March ... Beyond Market Definition: Key Economic Concepts in FTC v Amazon
Avoiding Misguided Remedies in the Google Search Antitrust Case
In his August 2024 ruling in the Google Search antitrust litigation, U.S. District Court Judge Amit Mehta found that Google’s default-distribution agreements—through which the company paid Apple, Mozilla, and others to make Google the preloaded search engine—were exclusionary under Section 2 of the Sherman Act. The court’s rationale focused on “default bias” and scale effects; ... Avoiding Misguided Remedies in the Google Search Antitrust Case
Market Definition in FTC v. Amazon: A Crucial Battleground
The Federal Trade Commission’s (FTC) antitrust suit against Amazon, originally filed in October 2023, is scheduled for trial in October 2026. In the meantime, the U.S. District Court for the Western District of Washington has scheduled a March 7 “economics day” hearing to focus on fundamental economic concepts that will shape the case—including the crucial ... Market Definition in FTC v. Amazon: A Crucial Battleground
Labor Antitrust: A Solution in Search of Evidence
The growing focus on labor-market power and antitrust enforcement has sparked important debates about both the empirical foundations and practical implementation of these emerging policy priorities. In a recent piece for ProMarket, Eric Posner argues that overwhelming academic evidence supports expanding antitrust scrutiny of labor markets—criticizing, in particular, the skepticism expressed by the Federal Trade ... Labor Antitrust: A Solution in Search of Evidence
ICLE and CEI Submit Amicus Brief Arguing the FCC’s Net Neutrality Order Is Unlawful
If you’ve been keeping up with the machinations of the Federal Communications Commission’s (FCC) latest attempt to regulate broadband under Title II of the Communications Act, you know that providers are challenging the rules in the 6th U.S. Circuit Court of Appeals. The court has put that case on the fast track. Earlier this week, ... ICLE and CEI Submit Amicus Brief Arguing the FCC’s Net Neutrality Order Is Unlawful
A Positive Agenda for Digital-Competition Enforcement
Reasonable people may disagree about their merits, but digital-competition regulations are now the law of the land in many jurisdictions, including the EU and the UK. Policymakers in those jurisdictions will thus need to successfully navigate heretofore uncharted waters in order to implement these regulations reasonably. In recent comments that we submitted to the UK’s ... A Positive Agenda for Digital-Competition Enforcement
