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

Showing archive for:  “News & Social Media”

It’s All About What We Don’t Know

Nicolas Petit’s Big Tech and the Digital Economy: The Moligopoly Scenario provides an insightful and valuable antidote to this unease.  While neither Panglossian nor comprehensive, Petit’s analysis persuasively argues that some of the concerns about the platforms are misguided or at least overstated.  As Petit sees it, the platforms are not so much monopolies in ... It’s All About What We Don’t Know

Regulating Big Tech Will Hurt Small Business

The writing is on the wall for Big Tech: regulation is coming. At least, that is what the House Judiciary Committee’s report into competition in digital markets would like us to believe.  The Subcommittee’s Majority members, led by Rhode Island’s Rep. David Cicilline, are calling for a complete overhaul of America’s antitrust and regulatory apparatus. ... Regulating Big Tech Will Hurt Small Business

Conservatism and the Section 230 Debate: Applying First Principles

Over at the Federalist Society’s blog, there has been an ongoing debate about what to do about Section 230. While there has long-been variety in what we call conservatism in the United States, the most prominent strains have agreed on at least the following: Constitutionally limited government, free markets, and prudence in policy-making. You would ... Conservatism and the Section 230 Debate: Applying First Principles

How does antitrust measure nonprice effects like political bias?

In the latest congressional hearing, purportedly analyzing Google’s “stacking the deck” in the online advertising marketplace, much of the opening statement and questioning by Senator Mike Lee and later questioning by Senator Josh Hawley focused on an episode of alleged anti-conservative bias by Google in threatening to demonetize The Federalist, a conservative publisher, unless they ... How does antitrust measure nonprice effects like political bias?

The Antitrust Case Against Google’s Adtech Business, Explained

This week the Senate will hold a hearing into potential anticompetitive conduct by Google in its display advertising business—the “stack” of products that it offers to advertisers seeking to place display ads on third-party websites. It is also widely reported that the Department of Justice is preparing a lawsuit against Google that will likely include ... The Antitrust Case Against Google’s Adtech Business, Explained

The Myth of the Cyber Barons

During last week’s antitrust hearing, Representative Jamie Raskin (D-Md.) provided a sound bite that served as a salvo: “In the 19th century we had the robber barons, in the 21st century we get the cyber barons.” But with sound bites, much like bumper stickers, there’s no room for nuance or scrutiny. The news media has ... The Myth of the Cyber Barons

Big Tech and the Parable of the Broken Window

A boy throws a brick through a bakeshop window. He flees and is never identified. The townspeople gather around the broken glass. “Well,” one of them says to the furious baker, “at least this will generate some business for the windowmaker!” A reasonable statement? Not really. Although it is indeed a good day for the ... Big Tech and the Parable of the Broken Window

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

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

Politics Has No Place in Antitrust Enforcement, Left or Right

The goal of US antitrust law is to ensure that competition continues to produce positive results for consumers and the economy in general. We published a letter co-signed by twenty three of the U.S.’s leading economists, legal scholars and practitioners, including one winner of the Nobel Prize in economics (full list of signatories here), to ... Politics Has No Place in Antitrust Enforcement, Left or Right

Let’s (NOT) Stop All the Mergers: The Case for Letting the Agencies Do Their Jobs

Never let a crisis go to waste, or so they say. In the past two weeks, some of the same people who sought to stop mergers and acquisitions during the bull market took the opportunity of the COVID-19 pandemic and the new bear market to call to ban M&A. On Friday, April 24th, Rep. David ... Let’s (NOT) Stop All the Mergers: The Case for Letting the Agencies Do Their Jobs

There Aren’t Luddites in a Quarantine

Nellie Bowles, a longtime critic of tech, recently had a change of heart about tech, which she relayed in the New York Times: Before the coronavirus, there was something I used to worry about. It was called screen time. Perhaps you remember it. I thought about it. I wrote about it. A lot. I would ... There Aren’t Luddites in a Quarantine