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The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

The Furman Report is a Flimsy Basis for a New UK Competition Policy

Earlier this year the UK government announced it was adopting the main recommendations of the Furman Report into competition in digital markets and setting up a “Digital Markets Taskforce” to oversee those recommendations being put into practice. The Competition and Markets Authority’s digital advertising market study largely came to similar conclusions (indeed, in places it ... The Furman Report is a Flimsy Basis for a New UK Competition Policy

In Defense of Usage-Based Billing

In the face of an unprecedented surge of demand for bandwidth as Americans responded to COVID-19, the nation’s Internet infrastructure delivered for urban and rural users alike. In fact, since the crisis began in March, there has been no appreciable degradation in either the quality or availability of service. That success story is as much ... In Defense of Usage-Based Billing

On the Origin of Platforms: An Evolutionary Perspective

Hardly a day goes by without news of further competition-related intervention in the digital economy. The past couple of weeks alone have seen the European Commission announce various investigations into Apple’s App Store (here and here), as well as reaffirming its desire to regulate so-called “gatekeeper” platforms. Not to mention the CMA issuing its final ... On the Origin of Platforms: An Evolutionary Perspective

Happy 90th Birthday to Thomas Sowell, One of the Great Scholars of Law & Economics: A Sowell-Inspired Agenda for Racial Justice

One of the great scholars of law & economics turns 90 years old today. In his long and distinguished career, Thomas Sowell has written over 40 books and countless opinion columns. He has been a professor of economics and a long-time Senior Fellow at the Hoover Institution. He received a National Humanities Medal in 2002 ... Happy 90th Birthday to Thomas Sowell, One of the Great Scholars of Law & Economics: A Sowell-Inspired Agenda for Racial Justice

EU General Court Sends a Maverick Packing

Last month the EU General Court annulled the EU Commission’s decision to block the proposed merger of Telefónica UK by Hutchison 3G UK.  It what could be seen as a rebuke of the Directorate-General for Competition (DG COMP), the court clarified the proof required to block a merger, which could have a significant effect on ... EU General Court Sends a Maverick Packing

Senator Hawley’s Unconstitutional, Unconservative Attack on the Internet

Twitter’s decision to begin fact-checking the President’s tweets caused a long-simmering distrust between conservatives and online platforms to boil over late last month. This has led some conservatives to ask whether Section 230, the ‘safe harbour’ law that protects online platforms from certain liability stemming from content posted on their websites by users, is allowing ... Senator Hawley’s Unconstitutional, Unconservative Attack on the Internet

For the Bar, Competition is Always “Unethical”

State bar associations, with the backing of state judiciaries and legislatures, are typically entrusted with a largely unqualified monopoly over licensing in legal services markets. This poses an unavoidable policy tradeoff. Designating the bar as gatekeeper might protect consumers by ensuring a minimum level of service quality. Yet the gatekeeper is inherently exposed to influence ... For the Bar, Competition is Always “Unethical”

Would You Rather: Merger or Nationalization?

While much of the world of competition policy has focused on mergers in the COVID-19 era. Some observers see mergers as one way of saving distressed but valuable firms. Others have called for a merger moratorium out of fear that more mergers will lead to increased concentration and market power. In the meantime, there has ... Would You Rather: Merger or Nationalization?

We Need to Talk About Privacy Absolutism

Privacy absolutism is the misguided belief that protecting citizens’ privacy supersedes all other policy goals, especially economic ones. This is a mistake. Privacy is one value among many, not an end in itself. Unfortunately, the absolutist worldview has filtered into policymaking and is beginning to have very real consequences. Readers need look no further than ... We Need to Talk About Privacy Absolutism

Setting Up a Fair System for Determining Police Misconduct: Towards A Law & Economics Analysis of Qualified Immunity

Yet another sad story was caught on camera this week showing a group of police officers killing an unarmed African-American man named George Floyd. While the officers were fired from the police department, there is still much uncertainty about what will happen next to hold those officers accountable as a legal matter.  A well-functioning legal ... Setting Up a Fair System for Determining Police Misconduct: Towards A Law & Economics Analysis of Qualified Immunity

Rebuilding Trust in Coronaworld

Governments are beginning to lift the lockdowns they imposed to slow the spread of COVID-19. That is a good thing. But simply lifting the restrictions won’t immediately take us back to normality. For that to happen requires a massive investment in mechanisms that will rebuild trust. Prior to COVID-19, people implicitly trusted that travelling on ... Rebuilding Trust in Coronaworld

Congress Considers Privacy in the Context of COVID-19 and Gets it All Wrong

The COVID-19 crisis has recast virtually every contemporary policy debate in the context of public health, and digital privacy is no exception. Conversations that once focused on the value and manner of tracking to enable behavioral advertising have shifted. Congress, on the heels of years of false-starts and failed efforts to introduce nationwide standards, is ... Congress Considers Privacy in the Context of COVID-19 and Gets it All Wrong