Showing results for: “digital markets act”
Regulatory Humility or Regulatory Hubris at the Federal Trade Commission?
Competition policy at the Federal Trade Commission (FTC) will naturally ebb and flow, depending on its leadership. Over the years, some commissions have taken a more aggressive approach, while others have granted greater credibility to market forces. Still, regardless of the party in power, the agency was generally able to maintain a solid reputation as ... Regulatory Humility or Regulatory Hubris at the Federal Trade Commission?
Recent Antitrust and Regulatory Changes Both Unravel the Consensus
Presidential administrations over the last 50 years have pursued widely varying policy goals, but they have agreed—at least, in principle—that policies should be efficient and improve social welfare. Now, the Biden administration is taking steps to unravel that bipartisan consensus. We focus on different policy areas (Dudley on regulation and Sullivan on antitrust) and are ... Recent Antitrust and Regulatory Changes Both Unravel the Consensus
The Effect of VAT Withholding Requirements in Latin America
Innovations in payment systems are rapidly transforming the world economy. While Bitcoin, Ethereum, and other decentralized blockchain-based systems tend to garner much of the press (good and bad), centralized peer-to-peer (P2P) payment systems are far more common. (Note that I use the term P2P here in its original sense to mean all peer-to-peer transactions, which ... The Effect of VAT Withholding Requirements in Latin America
Antitrust at the Agencies Roundup: Take My Default … Please! Edition
I can hardly believe it, but I’ve read that a famous old bit by Henny Youngman has been purged from Florida textbooks, apparently because it was deemed offensive to those who wrote, told, and laughed at the joke. I won’t tell it here, but you can look it up. And if you’re a reader of ... Antitrust at the Agencies Roundup: Take My Default … Please! Edition
The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?
In less than two and a half years, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) have undone more than two decades of work aimed at moving global competition law toward an economics-friendly consumer welfare standard. In tandem with foreign competition authorities, the U.S. antitrust agencies are now cooperating in an effort to ... The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?
The FTC Tacks Into the Gale, Battening No Hatches: Part 2
Part 1 of this piece can be found here. Emergence of the ‘Neo-Brandeisians’ Thus, matters unfolded until the curtain began to descend on the second Obama term in 2016. In the midst of presidential primary season, a targeted political challenge to the prevailing economic approach to antitrust first came to light. No one has yet ... The FTC Tacks Into the Gale, Battening No Hatches: Part 2
The FTC Tacks Into the Gale, Battening No Hatches: Part 1
The Evolution of FTC Antitrust Enforcement – Highlights of Its Origins and Major Trends 1910-1914 – Creation and Launch The election of 1912, which led to the creation of the Federal Trade Commission (FTC), occurred at the apex of the Progressive Era. Since antebellum times, Grover Cleveland had been the only Democrat elected as president. ... The FTC Tacks Into the Gale, Battening No Hatches: Part 1
The FTC Lacks Authority for Competition Rulemaking
Before becoming chair of the Federal Trade Commission (FTC), Lina Khan advocated the use of rulemakings to implement the prohibition on unfair methods of competition (UMC) in Section 5 of the FTC Act. As chair, she proposed a rule, which likely will be finalized in the spring, to ban noncompete clauses in employment contracts. But ... The FTC Lacks Authority for Competition Rulemaking
The FTC’s New Normal
Over the past two years, the Federal Trade Commission (FTC) has operated differently than it has in recent decades. Characterized by—among other things—an enforcement-heavy approach to antitrust and consumer protection, a vigorous embrace of rulemaking, a skeptical approach to mergers, robust engagement with overseas counterparts, and centralization of decision-making within the Office of the Chair, ... The FTC’s New Normal
Right to Anonymous Speech, Part 3: Anonymous Speech and Age-Verification Laws
An issue that came up during a terrific panel that I participated in last Thursday—organized by the Federalist Society’s Regulatory Transparency Project—was whether age-verification laws for social-media use infringed on a First Amendment right of either adults or minors to receive speech anonymously. My co-panelist Clare Morell of the Ethics and Public Policy Center put ... Right to Anonymous Speech, Part 3: Anonymous Speech and Age-Verification Laws
Will the EU-U.S. Data Privacy Bridge Hold?
With the European Commission’s recent announcement that it had deemed the revamped data-protection framework from the United States to be “adequate” under the European Union’s stringent General Data Protection Regulation (GDPR), the stage is set for what promises to be a legal rollercoaster in the European Court of Justice (CJEU). The Commission’s decision is certain ... Will the EU-U.S. Data Privacy Bridge Hold?
Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations
I participated yesterday in a webinar panel hosted by the Federalist Society’s Regulatory Transparency Project. The video was livestreamed at YouTube. Below, I offer my opening remarks, with some links. Thank you for having me. As mentioned, I’m a senior scholar in innovation policy at the International Center for Law & Economics (ICLE). This means ... Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations
