Judge Mehta Got It Wrong in the Google Case
U.S. District Court Judge Amit Mehta ruled in an Aug. 5 order that Google violated antitrust law by improperly maintaining a monopoly. The case focused on “general search engines” (GSEs) used for internet search, and the impropriety was the manner through which Google secured distribution in partnering with internet-browser developers, mobile-device manufacturers, and wireless carriers. ... Judge Mehta Got It Wrong in the Google Case
The $14 Billion Fumble
Even in the era of a Federal Trade Commission (FTC) led by Lina Khan, antitrust law can be a pretty hum-drum affair, consumed with minutiae about relevant markets, market shares, the Herfindahl-Hirschman Index (HHI), unilateral effects, coordinated effects, and possible efficiencies. Things get just a bit more interesting when there are allegations of a conspiracy ... The $14 Billion Fumble
The FTC Case Against PBM Rebates
About a month ago, the Wall Street Journal reported that the Federal Trade Commission (FTC) was preparing an antitrust suit against the nation’s three largest pharmaceutical benefit managers (PBMs), the intermediaries who negotiate drug prices on behalf of insurers and who manage benefits for nearly nine in 10 insured Americans. This development followed a two-year ... The FTC Case Against PBM Rebates
U.S. Antitrust Enforcers Should Reject AI Interventionism
The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC), in tandem with their fellow competition-law enforcers from Europe (the European Commission) and the United Kingdom (the Competition and Markets Authority, or CMA), issued a joint statement July 23 titled “Joint Statement on Competition in Generative AI Foundation Models and AI Products.” This joint statement ... U.S. Antitrust Enforcers Should Reject AI Interventionism
Ms Vestager: Do Not Tear Down This Wall
The European Commission appears resolved to tear down Apple’s “walled garden.”[1] Following a complaint filed by Spotify, the Commission has already fined Apple an exorbitant €1.8 billion for allegedly abusing its dominant position in the market for distributing streaming-music apps to iPhone and iPad users (a case where Apple was found to be dominant in ... Ms Vestager: Do Not Tear Down This Wall
Federal Regulatory Reform Will Benefit All Americans
The next president, whether a Democrat or a Republican, should place a high priority on federal regulatory reform, in order to promote good jobs, vibrant firms, and a stronger American economy. Regulation is, of course, appropriate to address such problems as public health and safety and environmental pollution. But a growing body of scholarship finds ... Federal Regulatory Reform Will Benefit All Americans
No Kids Allowed: KOSA/COPPA 2.0 Will Encourage the Exclusion of Minors Online
An important lesson of economics is that policies intended to help a targeted group of people often end up harming them in unintended ways. For instance, economists have long argued that policies like rent control and minimum-wage laws actually tend to lead to shortages in housing and jobs, respectively. Similarly, despite having the stated intention ... No Kids Allowed: KOSA/COPPA 2.0 Will Encourage the Exclusion of Minors Online
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
The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era
While last year’s labor disputes between the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA), on the one hand, and Hollywood’s major movie and television studios, on the other, have been settled for months now, lingering questions remain about competitive conditions in the industry. In a recent submission to the California Law ... The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era
How This Supreme Court Term Might Affect the FCC’s Digital-Discrimination Rule
The recently completed U.S. Supreme Court session appears to have upended the administrative state in some pretty fundamental ways. While Loper Bright’s overruling of Chevron attracted the most headlines and hand-wringing, Jarkesy will have far-reaching effects across both the executive and judicial branches. Even seemingly “small” matters such as Ohio v. EPA and Corner Post ... How This Supreme Court Term Might Affect the FCC’s Digital-Discrimination Rule
What Do the NetChoice Cases Mean for Online Speech?
With the release of the U.S. Supreme Court’s NetChoice opinion (along with some other boring case people seem to want to talk about), opinions for the October 2023 term appear to be complete. After discussing what Murthy v. Missouri means for online speech, it only feels right to discuss the other big social-media case of ... What Do the NetChoice Cases Mean for Online Speech?
What Does Murthy v Missouri Mean for Online Speech?
After a lot of anticipation from Supreme Court watchers, the Murthy v. Missouri opinion has finally been released. As the oral argument suggested, standing was the issue for the Court, who in a 6-3 decision written by Justice Amy Coney Barrett ruled that none of the plaintiffs had standing, due to a lack of traceability ... What Does Murthy v Missouri Mean for Online Speech?
