Scholarly commentary on law, economics, & more

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

View more