Showing results for: “digital markets act”
Separation without a Breakup
[This post is the fourth in an ongoing symposium on “Should We Break Up Big Tech?“that features analysis and opinion from various perspectives.] [This post is authored by Pallavi Guniganti, editor of Global Competition Review.] Start with the assumption that there is a problem The European Commission and Austria’s Federal Competition Authority are investigating Amazon ... Separation without a Breakup
Big Tech and Antitrust
[This post is the third in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by John E. Lopatka, Robert Noll Distinguished Professor of Law, School of Law, The Pennsylvania State University] Big Tech firms stand accused of many evils, and ... Big Tech and Antitrust
Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”
[This post is the second in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by Philip Marsden, Bank of England & College of Europe, IG/Twitter: @competition_flaneur] Since the release of our Furman Report, I have been blessed with an uptick in #antitrusttourism. ... Breaking Up: “It’s Not You, It’s Me”, “Maybe We Should See Other People” and “with or without You”
Should Patent Hold-Out Concerns Trump Patent Hold-Up Misgivings?
Over the last few years competition authorities in the US and elsewhere have repeatedly warned about the risk of patent hold-up in the licensing of Standard Essential Patents (SEPs). Concerns about such risks were front and center in the recent FTC case against Qualcomm, where the Court ultimately concluded that Qualcomm had used a series ... Should Patent Hold-Out Concerns Trump Patent Hold-Up Misgivings?
FTC v. Qualcomm: A Case of Regulatory Capture?
There is little doubt that the decision in May 2019 by the Northern District of California in FTC v. Qualcomm is of historical importance. Unless reversed or modified on appeal, the decision would require that the lead innovator behind 3G and 4G smartphone technology renegotiate hundreds of existing licenses with device producers and offer new ... FTC v. Qualcomm: A Case of Regulatory Capture?
Breaking up Amazon? Platforms, Private Labels and Entry
[This post is the first in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by Randal C. Picker, James Parker Hall Distinguished Service Professor of Law at The University of Chicago Law School] The European Commission just announced that it ... Breaking up Amazon? Platforms, Private Labels and Entry
Should We Break Up Big Tech? Symposium
Over the past two years, numerous scholars and pundits have called for aggressive regulation of “Big Tech” companies, including Alphabet/Google, Amazon, Apple, and Facebook. Some have called for them to be broken up. Meanwhile, governments in several jurisdictions, including the EU and Germany, have brought antitrust cases against several “Big Tech” companies, although so far ... Should We Break Up Big Tech? Symposium
The Third Circuit’s Oberdorf v. Amazon opinion offers a good approach to reining in the worst abuses of Section 230
[Note: A group of 50 academics and 27 organizations, including both myself and ICLE, recently released a statement of principles for lawmakers to consider in discussions of Section 230.] In a remarkable ruling issued earlier this month, the Third Circuit Court of Appeals held in Oberdorf v. Amazon that, under Pennsylvania products liability law, Amazon ... The Third Circuit’s Oberdorf v. Amazon opinion offers a good approach to reining in the worst abuses of Section 230
There’s nothing “conservative” about Trump’s views on free speech and the regulation of social media
Yesterday was President Trump’s big “Social Media Summit” where he got together with a number of right-wing firebrands to decry the power of Big Tech to censor conservatives online. According to the Wall Street Journal: Mr. Trump attacked social-media companies he says are trying to silence individuals and groups with right-leaning views, without presenting specific ... There’s nothing “conservative” about Trump’s views on free speech and the regulation of social media
Section 230 principles for lawmakers and a note of caution as Trump convenes his “social media summit”
Neither side in the debate over Section 230 is blameless for the current state of affairs. Reform/repeal proponents have tended to offer ill-considered, irrelevant, or often simply incorrect justifications for amending or tossing Section 230. Meanwhile, many supporters of the law in its current form are reflexively resistant to any change and too quick to dismiss the more reasonable concerns that have been voiced. Most of all, the urge to politicize this issue — on all sides — stands squarely in the way of any sensible discussion and thus of any sensible reform.
Economic Calculation in the Public Defender’s Office
After spending a few years away from ICLE and directly engaging in the day to day grind of indigent criminal defense as a public defender, I now have a new appreciation for the ways economic tools can explain behavior that I had not before studied. For instance, I think the law and economics tradition, specifically ... Economic Calculation in the Public Defender’s Office
Ten Reasons Why the California Consumer Privacy Act (CCPA) Is Going to Be a Dumpster Fire
Last year, real estate developer Alastair Mactaggart spent nearly $3.5 million to put a privacy law on the ballot in California’s November election. He then negotiated a deal with state lawmakers to withdraw the ballot initiative if they passed their own privacy bill. That law — the California Consumer Privacy Act (CCPA) — was enacted ... Ten Reasons Why the California Consumer Privacy Act (CCPA) Is Going to Be a Dumpster Fire
