Digital-Market Regulation: One Size Does Not Fit All
Regulators around the globe are scrambling for a silver bullet to “tame” tech companies. Whether it’s the United States, the United Kingdom, Australia, South Africa, or Canada, the animating rationale behind such efforts is that firms like Google, Apple, Meta, and Amazon (GAMA) engage in undesirable market conduct that falls beyond the narrow purview of antitrust law (here and here). To tackle these supposed ... Digital-Market Regulation: One Size Does Not Fit All
Reining in Digital Competition to No Good End: Will AICOA and OAMA Rise from the Grave?
The 117th Congress closed out without a floor vote on either of the major pieces of antitrust legislation introduced in both chambers: the American Innovation and Choice Online Act (AICOA) and the Open Apps Market Act (OAMA). But it was evident at yesterday’s hearing of the Senate Judiciary Committee’s antitrust subcommittee that at least some ... Reining in Digital Competition to No Good End: Will AICOA and OAMA Rise from the Grave?
Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
Just before Christmas, the European Commission published a draft implementing regulation (DIR) of the Digital Markets Act (DMA), establishing procedural rules that, in the Commission’s own words, seek to bolster “legal certainty,” “due process,” and “effectiveness” under the DMA. The rights of defense laid down in the draft are, alas, anemic. In the long run, ... Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
Your Definitive End-of-Year Global Tech Regulation Wrap-Up: Who’s Doing What, Where, and What to Make of It
As 2023 draws to a close, we wanted to reflect on a year that saw jurisdictions around the world proposing, debating, and (occasionally) enacting digital regulations. Some of these initiatives amended existing ex-post competition laws. Others were more ambitious, contemplating entirely new regulatory regimes from the ground up. With everything going on, it can be ... Your Definitive End-of-Year Global Tech Regulation Wrap-Up: Who’s Doing What, Where, and What to Make of It
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
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
A Day in the Fair New World of Perfectly Open Platforms
Early Morning I wake up grudgingly to the loud ring of my phone’s preset alarm sound (I swear I gave third-party alarms a fair shot). I slide my feet into the bedroom slippers and mechanically chaperone my body to the coffee machine in the living room. “Great,” I think to myself, “Out of capsules, again.” ... A Day in the Fair New World of Perfectly Open Platforms
New Frontiers of Fairness: Auto Da Fé by the Grand Inquisitor of Economics
July 26, 10 A.F. (after fairness) Dear Fellow Inquisitors, It has been more than a decade now since the Federal Neutrality Commission, born of the ashes of the old world, ushered in the Age of Fairness. As you all know, the FNC was created during the Online Era, when the emergence of the largest companies ... New Frontiers of Fairness: Auto Da Fé by the Grand Inquisitor of Economics
The ABA’s Antitrust Law Section Sounds the Alarm on Klobuchar-Grassley
Sens. Amy Klobuchar (D-Minn.) and Chuck Grassley (R-Iowa)—cosponsors of the American Innovation Online and Choice Act, which seeks to “rein in” tech companies like Apple, Google, Meta, and Amazon—contend that “everyone acknowledges the problems posed by dominant online platforms.” In their framing, it is simply an acknowledged fact that U.S. antitrust law has not kept ... The ABA’s Antitrust Law Section Sounds the Alarm on Klobuchar-Grassley
Assessing Less Restrictive Alternatives and Interbrand Competition in Epic v Apple
The International Center for Law & Economics (ICLE) filed an amicus brief on behalf of itself and 26 distinguished law & economics scholars with the 9th U.S. Circuit Court of Appeals in the hotly anticipated and intensely important Epic Games v Apple case. A fantastic group of attorneys from White & Case generously assisted us ... Assessing Less Restrictive Alternatives and Interbrand Competition in Epic v Apple
Final DMA: Now We Know Where We’re Going, but We Still Don’t Know Why
After years of debate and negotiations, European Lawmakers have agreed upon what will most likely be the final iteration of the Digital Markets Act (“DMA”), following the March 24 final round of “trilogue” talks. For the uninitiated, the DMA is one in a string of legislative proposals around the globe intended to “rein in” tech ... Final DMA: Now We Know Where We’re Going, but We Still Don’t Know Why
Political Philosophy, Competition, and Competition Law: The Road to and from Neoliberalism, Part 2
In just over a century since its dawn, liberalism had reshaped much of the world along the lines of individualism, free markets, private property, contract, trade, and competition. A modest laissez-faire political philosophy that had begun to germinate in the minds of French Physiocrats in the early 18th century had, scarcely 150 years later, inspired ... Political Philosophy, Competition, and Competition Law: The Road to and from Neoliberalism, Part 2
