Research Programs
More
What are you looking for?
Showing Latest Publications
TOTM In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the . . .
In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the Supreme Court’s Loper Bright decision. I thought the rule infirm to begin with—a somewhat foolish swing for the fences on a regulation that the FTC couldn’t possibly enforce. I thought that the FTC’s prospects looked dimmer still in the wake of Loper Bright. As I wrote yesterday…
Read the full piece here.
TOTM The recently completed U.S. Supreme Court session appears to have upended the administrative state in some pretty fundamental ways. While Loper Bright’s overruling of Chevron attracted the most . . .
The recently completed U.S. Supreme Court session appears to have upended the administrative state in some pretty fundamental ways. While Loper Bright’s overruling of Chevron attracted the most headlines and hand-wringing, Jarkesy will have far-reaching effects across both the executive and judicial branches. Even seemingly “small” matters such as Ohio v. EPA and Corner Post will color agency rulemaking and enforcement. And Fischer v. United States could have an impact on statutory construction going forward.
Scholarship In the US wireless communications market, antitrust regulators blocked so-called four-to-three mergers—mergers of two of the four largest competitors—in 2011 and 2014. But authorities did . . .
In the US wireless communications market, antitrust regulators blocked so-called four-to-three mergers—mergers of two of the four largest competitors—in 2011 and 2014. But authorities did allow then-No. 3 carrier T?Mobile to acquire then-No. 4 Sprint in February 2020, after T?Mobile agreed to several conditions. The merger was, and remains, the subject of intense debate over its effects on consumers.
Popular Media On Friday June 28, the Supreme Court issued their 6-3 ruling in Loper Bright Enterprises v. Raimondo, overturning the deference to administrative agencies established in the . . .
On Friday June 28, the Supreme Court issued their 6-3 ruling in Loper Bright Enterprises v. Raimondo, overturning the deference to administrative agencies established in the Chevron v. Environmental Protection Agency ruling in 1984. So far opinions vary on how big a change this will ultimately be (courts have not been relying much on Chevron deference in the past 8 years) and whether the change will be beneficial or costly.
Read the full piece us.
Presentations & Interviews ICLE Senior Scholar Ben Sperry was a guest on a recent episode of the Free State Foundation’s TMT with Mike O’Rielly, in which he discussed . . .
ICLE Senior Scholar Ben Sperry was a guest on a recent episode of the Free State Foundation’s TMT with Mike O’Rielly, in which he discussed pole attachments and the municipal/cooperative exemption. Video of the full episode is embedded below.
TOTM With the release of the U.S. Supreme Court’s NetChoice opinion (along with some other boring case people seem to want to talk about), opinions for the October 2023 term . . .
With the release of the U.S. Supreme Court’s NetChoice opinion (along with some other boring case people seem to want to talk about), opinions for the October 2023 term appear to be complete. After discussing what Murthy v. Missouri means for online speech, it only feels right to discuss the other big social-media case of the term.
TOTM In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the . . .
In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the U.S. economy. It was not my first such post (my ninth, if I’ve counted correctly, and if readers will forgo armchair diagnoses of monomania). The last time around, I noted consolidated challenges to the rule being heard in the U.S. District Court for the Northern District of Texas, where Judge Ada Brown has said that he will issue a decision on the motion for a stay of the rule’s effective date by July 3.
Popular Media The “pay or OK” debate in the EU continues, and it is still unclear what its outcome will be, for Meta and everyone else. Today, . . .
The “pay or OK” debate in the EU continues, and it is still unclear what its outcome will be, for Meta and everyone else. Today, the European Commission announced their preliminary finding that Meta’s approach is not compliant with the law. Importantly, the Commission investigates this issue not under data protection law (the GDPR), but under the EU Digital Markets Act (DMA). Meanwhile, data protection authorities continue to investigate from the GDPR perspective.
Presentations & Interviews ICLE Chief Economist Brian Albrecht’s debate with Evan Starr on the Federal Trade Commission’s ban of noncompete agreements was featured in an episode of the . . .
ICLE Chief Economist Brian Albrecht’s debate with Evan Starr on the Federal Trade Commission’s ban of noncompete agreements was featured in an episode of the American Bar Association Antitrust Law Section’s Our Curious Amalgam podcast. Audio of the full episode is embedded below.
