Showing archive for: “Platforms”
What Do Twitter’s Struggles with CSAM Mean for Section 230 Reform?
Twitter has seen a lot of ups and downs since Elon Musk closed on his acquisition of the company in late October and almost immediately set about his initiatives to “reform” the platform’s operations. One of the stories that has gotten somewhat lost in the ensuing chaos is that, in the short time under Musk, ... What Do Twitter’s Struggles with CSAM Mean for Section 230 Reform?
AG Paxton’s Google Suit Makes the Perfect the Enemy of the Good
Having just comfortably secured re-election to a third term, embattled Texas Attorney General Ken Paxton is likely to want to change the subject from investigations of his own conduct to a topic where he feels on much firmer ground: the 16-state lawsuit he currently leads accusing Google of monopolizing a segment of the digital advertising ... AG Paxton’s Google Suit Makes the Perfect the Enemy of the Good
European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Under a draft “adequacy” decision unveiled today by the European Commission, data-privacy and security commitments made by the United States in an October executive order signed by President Joe Biden were found to comport with the EU’s General Data Protection Regulation (GDPR). If adopted, the decision would provide a legal basis for flows of personal ... European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Imposed Final Offer Arbitration: Price Regulation by Any Other Name
“Just when I thought I was out, they pull me back in!” says Al Pacino’s character, Michael Corleone, in Godfather III. That’s how Facebook and Google must feel about S. 673, the Journalism Competition and Preservation Act (JCPA). Gus Hurwitz called the bill dead in September. Then it passed the Senate Judiciary Committee. Now, there ... Imposed Final Offer Arbitration: Price Regulation by Any Other Name
Biden’s Data Flows Order: Does It Comport with EU Law?
European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.S. agencies’ surveillance practices. Awaited since March, when U.S. and EU officials reached an agreement in principle on a new framework, the order is intended to replace an earlier ... Biden’s Data Flows Order: Does It Comport with EU Law?
7 Big Questions About the Open App Markets Act
With just a week to go until the U.S. midterm elections, which potentially herald a change in control of one or both houses of Congress, speculation is mounting that congressional Democrats may seek to use the lame-duck session following the election to move one or more pieces of legislation targeting the so-called “Big Tech” companies. ... 7 Big Questions About the Open App Markets Act
Price-Parity Clauses: The Good, The Bad, and the…Anticompetitive?
Price-parity clauses have, until recently, been little discussed in the academic vertical-price-restraints literature. Their growing importance, however, cannot be ignored, and common misconceptions around their use and implementation need to be addressed. While similar in nature to both resale price maintenance and most-favored-nations clauses, the special vertical relationship between sellers and the platform inherent in ... Price-Parity Clauses: The Good, The Bad, and the…Anticompetitive?
FTC Biweekly UMC Roundup – Refugee from the FTC Edition
Faithful and even occasional readers of this roundup might have noticed a certain temporal discontinuity between the last post and this one. The inimitable Gus Hurwitz has passed the scrivener’s pen to me, a recent refugee from the Federal Trade Commission (FTC), and the roundup is back in business. Any errors going forward are mine. ... FTC Biweekly UMC Roundup – Refugee from the FTC Edition
FTC on the Gig Economy: The Glass is Almost Empty
The business press generally describes the gig economy that has sprung up around digital platforms like Uber and TaskRabbit as a beneficial phenomenon, “a glass that is almost full.” The gig economy “is an economy that operates flexibly, involving the exchange of labor and resources through digital platforms that actively facilitate buyer and seller matching.” ... FTC on the Gig Economy: The Glass is Almost Empty
The Case Against Self-Preferencing as a New Antitrust Offense
The practice of so-called “self-preferencing” has come to embody the zeitgeist of competition policy for digital markets, as legislative initiatives are undertaken in jurisdictions around the world that to seek, in various ways, to constrain large digital platforms from granting favorable treatment to their own goods and services. The core concern cited by policymakers is ... The Case Against Self-Preferencing as a New Antitrust Offense
The FTC’s Pre-Acquisition Review Requirement for All Meta Deals: Hyper-Regulatory, Anti-Free Market, Anti-Rule of Law, and Anti-Consumer
The Federal Trade Commission (FTC) wants to review in advance all future acquisitions by Facebook parent Meta Platforms. According to a Sept. 2 Bloomberg report, in connection with its challenge to Meta’s acquisition of fitness-app maker Within Unlimited, the commission “has asked its in-house court to force both Meta and [Meta CEO Mark] Zuckerberg to ... The FTC’s Pre-Acquisition Review Requirement for All Meta Deals: Hyper-Regulatory, Anti-Free Market, Anti-Rule of Law, and Anti-Consumer
Are All Mergers Inherently Anticompetitive?
A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in the real world: firms start competing on price, one firm loses out, that firm agrees to sell itself to the other firm and, finally, prices are jacked up.(Warning: Keep the ... Are All Mergers Inherently Anticompetitive?
