The Archives

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

Showing archive for:  “Law Politics & the Media”

Scale or Fail: Why Paramount Skydance’s Warner Bros Gambit Makes Economic Sense

Just weeks after Skydance Media completed its acquisition of Paramount Global, the new company is reportedly preparing a majority cash bid to acquire Warner Bros. Discovery (WBD) in its entirety, including its cable networks and movie studio.  A Skydance-Warner combination could reshape the global entertainment landscape. Backed by Paramount Skydance CEO David Ellison’s substantial family ... Scale or Fail: Why Paramount Skydance’s Warner Bros Gambit Makes Economic Sense

Truth Cartels? The DOJ’s Misguided Leap into Viewpoint Regulation

In a surprising move, the U.S. Justice Department’s (DOJ) Antitrust Division has thrown its weight behind a lawsuit that could reshape how courts—and antitrust enforcers—think about competition in digital media. The agency’s statement of interest filed last month in Children’s Health Defense v. Washington Post doesn’t merely take up the legal merits of a questionable ... Truth Cartels? The DOJ’s Misguided Leap into Viewpoint Regulation

Antitrust and Collusion on Regulating Misinformation: Thoughts on the DOJ’s Statement of Interest

The U.S. Justice Department (DOJ) Antitrust Division filed a statement of interest late last week in a private antitrust case brought against a number of major news publishers by, among others, the Children’s Health Defense—the organization previously chaired by U.S. Health and Human Services Secretary Robert F. Kennedy Jr.  Nominally, the DOJ’s statement can be ... Antitrust and Collusion on Regulating Misinformation: Thoughts on the DOJ’s Statement of Interest

Competition Law and Technology-Platform Censorship

The Federal Trade Commission (FTC) recently launched a public inquiry into technology platform censorship. Digital-platform censorship clearly raises serious policy concerns. Nevertheless, before filing lawsuits, the FTC and its fellow enforcement agency, the U.S. Justice Department (DOJ) will need to factor in platforms’ First Amendment protections and limitations on agency statutory authority. Bringing platform-censorship cases may ... Competition Law and Technology-Platform Censorship

Warner Bros Discovery: We Have Another SpinCo

Warner Bros. Discovery announced yesterday it will split into two separate companies, following Comcast’s similar move to spin off its cable networks into a new entity called Versant. (Laugh all you want at Versant’s name, it’s better than Tronc or Monday.) To those who haven’t followed the sector’s challenges, the Warners and Comcast decisions might ... Warner Bros Discovery: We Have Another SpinCo

Oregon’s Stone-Age Approach to Save Journalism

Oregon is the latest state to introduce legislation intended to save “digital journalism providers.” A bill working its way through the Legislative Assembly has attracted the support of mainstream media outlets, such as The Oregonian and Oregon Public Broadcasting. Even Fred Flintstone chimed in, begging the legislature to “Keep Cave News Alive.” Oregon Senate Bill ... Oregon’s Stone-Age Approach to Save Journalism

Media-Ownership Regulations in a Streaming World: Time to Change the Channel

Today’s media landscape bears little resemblance to the one that existed when most existing broadcast and cable regulations were created. While consumers increasingly access video content through streaming platforms subject to minimal oversight, legacy media providers continue to operate under restrictive regulatory frameworks designed for a bygone era. This regulatory asymmetry creates economic inefficiencies and ... Media-Ownership Regulations in a Streaming World: Time to Change the Channel

Five Key Lessons from Abroad for the UK CMA’s Google Search Probe

In the first investigation conducted under the new ex-ante regulatory framework established by the Digital Markets, Competition and Consumers Act (DMCC), the United Kingdom’s Competition and Markets Authority (CMA) is seeking to ascertain whether Google has “strategic market status” (SMS) in the search and search-advertising-services markets. The CMA is also tasked with weighing whether ex-ante ... Five Key Lessons from Abroad for the UK CMA’s Google Search Probe

Restoring the Marketplace of Ideas: Examining the Executive Order on Ending Federal Censorship

President Donald Trump has issued a slew of executive orders (EOs) in his first week back in office. But one that caught my attention was the EO titled “Restoring Freedom of Speech and Ending Federal Censorship.”  The EO places limits on what federal officials in the executive branch can do in relation to speech, including ... Restoring the Marketplace of Ideas: Examining the Executive Order on Ending Federal Censorship

Meta’s Announcement: The Return of Online Free Speech?

In a video posted to Instagram earlier this week, Meta Platforms CEO Mark Zuckerberg announced “major changes” to Facebook and Instagram’s content-moderation policies and operations. Zuckerberg highlighted the importance of allowing private market actors to decide the best way to balance the speech interests of their users. As we move into a new administration, one ... Meta’s Announcement: The Return of Online Free Speech?

Are TikTok’s Days Numbered?

The U.S. Supreme Court will on Jan. 10 hear an appeal of a Dec. 6 decision from the U.S. Circuit Court of Appeals for the D.C. Circuit upholding a 2024 federal law requiring Chinese company ByteDance to divest itself of the TikTok platform. The law will take effect Jan. 19, unless the Supreme Court strikes ... Are TikTok’s Days Numbered?

The Law & Economics of the First Amendment: Curation, Targeted Advertising, and Access to Online Speech

We at the International Center for Law & Economics (ICLE) filed an amicus brief earlier this month to the U.S. District Court for the Northern District of California in the NetChoice v. Bonta case. It was an updated version of the brief we filed earlier this year before the 9th U.S. Circuit Court of Appeals. ... The Law & Economics of the First Amendment: Curation, Targeted Advertising, and Access to Online Speech