The Archives

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

Showing archive for:  “Platforms”

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?

Policy Without Policymaking: Australia’s New Digital Competition Regime Is Primarily Designed to Get Through Parliament

The Australian government’s announcement earlier this month of a proposed new competition regime for digital marketplaces has a long history. The Australian Competition and Consumer Commission (ACCC) has been investigating digital-market competition for nearly a decade. The latest iteration of the ACCC’s digital platforms inquiry has published nine interim reports, with a tenth report to ... Policy Without Policymaking: Australia’s New Digital Competition Regime Is Primarily Designed to Get Through Parliament

Kids and Online Safety: An International End-of-Year Review

As the year comes to a close, it is worth reviewing how governments around the world—including at both the state and federal level in the United States—have approached online regulation to protect minors. I will review several of the major legislative and regulatory initiatives, with brief commentary on the tradeoffs involved in each approach.  Age ... Kids and Online Safety: An International End-of-Year Review

The View from Korea: A TOTM Q&A with Dae Sik Hong

Professor Hong, could you please tell us a bit more about your background and how you got interested in digital competition regulation? In South Korea, I have unique combined experience as a court judge and as an antitrust specialist at a major law firm, conducting numerous research projects that connect theory and practice. I have ... The View from Korea: A TOTM Q&A with Dae Sik Hong

Reclaiming Antitrust

The United States is the birthplace of antitrust, starting with the enactment of the Sherman Antitrust Act in 1890. During the late 19th and early 20th century, cartels were common in Europe, while U.S. antitrust enforcers unraveled them. Only after World War II did European countries incrementally adopt competition law in various forms. Since that ... Reclaiming Antitrust

European Competition Law Is Lost at Sea

Imagine a world where digital-competition policy was guided by a desire to foster startup activity, competitiveness and, ultimately, growth. Competition policymakers would promote market conditions that enable new digital services to rapidly launch, gain user traction, and achieve greater scale. All of this would improve productivity, drive down prices for existing services, and help to ... European Competition Law Is Lost at Sea

What Project 2025 Can Tell Us About Brendan Carr’s FCC Priorities

My high-school-aged son came home from school the day after Election Day in distress. His history teacher spent the entire class listing the Parade of Horribles in Project 2025 and its dire consequences for the United States. I asked my son, “Project 2025 is more than 900 pages. Do you think your teacher read it?” ... What Project 2025 Can Tell Us About Brendan Carr’s FCC Priorities

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

The View from India: A TOTM Q&A with Shivanghi Sukumar

Could you tell us a bit about your background and how you got interested in digital competition regulation? I am a competition lawyer, and have been practicing competition law in India since the early days of its enforcement. A big part of my work has been related to the enforcement of behavioral provisions, and I’ve ... The View from India: A TOTM Q&A with Shivanghi Sukumar

A Tale of Two App Stores

Dueling federal antitrust holdings dealing with app stores could have significant impacts on the future of competition in mobile-internet services. Going forward, antitrust policy in this area should focus on promoting consumer welfare and innovation, rather than the interests of particular competitors. App Store Basics Google and Apple compete vigorously for consumer favor in smartphones. ... A Tale of Two App Stores

Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be

Inspired by the European Union’s Digital Markets Act (DMA), a growing number of jurisdictions around the globe either have adopted or are considering adopting frameworks of preemptive digital-competition rules (DCRs) that would more closely regulate the business models of such platforms as Google’s search engine and Amazon’s e-commerce business. The Turkish government may soon join ... Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be

Prudence and Precedent Counsel Modest Remedies in Google Search Case

Later this fall, the U.S. District Court for the District of Columbia will hold hearings to determine the proper remedy in the Google search case. Among other options, the court could restrict Google’s ability to sign exclusive distribution contracts, force it to share data with competitors, or even break Google apart into two or more ... Prudence and Precedent Counsel Modest Remedies in Google Search Case