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AG Paxton’s Google Suit Makes the Perfect the Enemy of the Good

TOTM 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 . . .

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 business.

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Antitrust & Consumer Protection

Gus Hurwitz on FTC Consent Decrees

Presentations & Interviews ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson LLP’s The Cyberlaw Podcast to discuss (among other topics): The FTC is likely . . .

ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson LLP’s The Cyberlaw Podcast to discuss (among other topics):

The full podcast episode is embedded below.

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Antitrust & Consumer Protection

In PBM fight, FTC sides with pharmacies over consumers

Popular Media The Federal Trade Commission (FTC), an agency historically concerned with vigorous market competition that leads to more output and lower prices, has of late been . . .

The Federal Trade Commission (FTC), an agency historically concerned with vigorous market competition that leads to more output and lower prices, has of late been seemingly determined to raise prices for consumers.

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Antitrust & Consumer Protection

Error Costs

Popular Media The objective of the error-cost framework is to ensure that antitrust rules, enforcement decisions, and judicial outcomes minimize the costs of (1) erroneous condemnation and . . .

The objective of the error-cost framework is to ensure that antitrust rules, enforcement decisions, and judicial outcomes minimize the costs of (1) erroneous condemnation and deterrence of beneficial conduct (“false positives,” or “Type I errors”); (2) erroneous allowance and under-deterrence of harmful conduct (“false negatives,” or “Type II errors”); and (3) the costs of administering the system (including the cost of making and enforcing rules and judicial decisions, the costs of obtaining and evaluating information and evidence relevant to decision-making, and the costs of compliance).

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Antitrust & Consumer Protection

Three Big Pitfalls in the Way of Lina Khan’s Agenda

TOTM In a recent op-ed for the Wall Street Journal, Svetlana Gans and Eugene Scalia look at three potential traps the Federal Trade Commission (FTC) could trigger if it . . .

In a recent op-ed for the Wall Street Journal, Svetlana Gans and Eugene Scalia look at three potential traps the Federal Trade Commission (FTC) could trigger if it pursues the aggressive rulemaking agenda many have long been expecting.

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Antitrust & Consumer Protection

Antitrust’s Uncertain Future Roundup: The Minority Report

TOTM Philip K Dick’s novella “The Minority Report” describes a futuristic world without crime. This state of the world is achieved thanks to the visions of . . .

Philip K Dick’s novella “The Minority Report” describes a futuristic world without crime. This state of the world is achieved thanks to the visions of three mutants—so-called “precogs”—who predict crimes before they occur, thereby enabling law enforcement to incarcerate people for crimes they were going to commit.

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Antitrust & Consumer Protection

The Road to Antitrust’s Least Glorious Hour

TOTM Things are heating up in the antitrust world. There is considerable pressure to pass the American Innovation and Choice Online Act (AICOA) before the congressional recess in August—a short . . .

Things are heating up in the antitrust world. There is considerable pressure to pass the American Innovation and Choice Online Act (AICOA) before the congressional recess in August—a short legislative window before members of Congress shift their focus almost entirely to campaigning for the mid-term elections. While it would not be impossible to advance the bill after the August recess, it would be a steep uphill climb.

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Antitrust & Consumer Protection

A Day in the Fair New World of Perfectly Open Platforms

TOTM Early Morning I wake up grudgingly to the loud ring of my phone’s preset alarm sound (I swear I gave third-party alarms a fair shot). . . .

Early Morning

I wake up grudgingly to the loud ring of my phone’s preset alarm sound (I swear I gave third-party alarms a fair shot). I slide my feet into the bedroom slippers and mechanically chaperone my body to the coffee machine in the living room.

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Antitrust & Consumer Protection

The Woman in the High Office

TOTM After engineering stints at Apple and Motorola, developing various handheld devices, Rubin had set up his own shop. The idea was bold: develop the first open mobile platform—based on Linux, nonetheless. Rubin had pitched the project to Google in 2005 but given the regulatory uncertainty over the future of antitrust—the same wave of populist sentiment that would carry Klobuchar to office one year later—Schmidt and his team had passed.

May 2007, Palo Alto

The California sun shone warmly on Eric Schmidt’s face as he stepped out of his car and made his way to have dinner at Madera, a chic Palo Alto restaurant.

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Antitrust & Consumer Protection