Threads from ICLE scholars on trending issues for the month of July 2024.

🚨 DOJ v. Google 🚨

– Court finds that Google has monopoly power in two relevant markets

– Distribution agreements found to be anticompetitive and in violation of Section 2 of the Sherman Act

– Remedies to comehttps://t.co/tYnLroemtZ

— Brian Albrecht (@BrianCAlbrecht) August 5, 2024

This should go under the category of "No Stupid Questions" because I bet 99.9% of the U.S. population has the same questions.

If you have 3-4 hours to kill, the Acquired podcast answers all these questions. A 🧵 …https://t.co/bds2ueOG7y https://t.co/nTS9NKdMB0

— Eric Fruits, Ph.D. (@ericfruits) July 31, 2024

How can something as incipient, complex and heterogenous as "AI" lend itself to the a unitary set of theories of harm and remedies? A 🧵 on the Joint Statement by the FTC, CMA, DOJ and EC on Gen AI and AI products. https://t.co/vmlkslukWI

— Lazar Radic (@laz_radic) July 30, 2024

New paper by Shapiro & Yurukoglu examines evidence on competition trends in the U.S. economy.

Q: Has competition declined in recent decades?

A: "We explain that the empirical evidence… does not actually show a widespread decline in competition." https://t.co/kUHMxsQq8n pic.twitter.com/4XzmgPv7cU

— Brian Albrecht (@BrianCAlbrecht) July 29, 2024

As they debate KOSA and COPPA 2.0 today in the Senate, please see my following resources on these bills (a 🧵):

— Ben Sperry (@RBenSperry) July 25, 2024

As KOSA and COPPA 2.0 are brought to the floor for a vote, legislators should consider the tradeoffs involved in these bills. For a rundown, see this tl;dr:https://t.co/RxDazRBLW0 https://t.co/JfLmnqqMzb

— Ben Sperry (@RBenSperry) July 23, 2024

The FTC, DOJ, EU Commission and CMA have just released a joint statement on competiton in generative AI.

Unfortunately, the statement rests on faulty premises and its prescribed policies would reduce competition by making it harder for firms to enter generative AI markets.

A 🧵 https://t.co/6X3lQx9xjY

— Dirk Auer (@AuerDirk) July 23, 2024

Some very quick thoughts on the Commission's acceptance of Apple's commitment to open access to 'tap and go' technology on iPhones. 🧵 1/11 https://t.co/KJSl5e2JHG

— Lazar Radic (@laz_radic) July 18, 2024

Last week @EU_Competition accepted commitments from Apple in its NFC proceedings.

The case marks a turning point for EU competition law: the first (but surely not last) time a competition case is settled in the shadow of the DMA.

My (additional) thoughts on this trend🧵 https://t.co/Bwe53DNJRb

— Dirk Auer (@AuerDirk) July 18, 2024

The Haggen divestiture was a failure. Absolutely. Lots of sad details presented here about those affected.

But I think it's also important to keep the broader set of divestitures in mind. Quick thread: https://t.co/LmJ09KKHO6

— Brian Albrecht (@BrianCAlbrecht) July 17, 2024

JUST PUBLISHED: a revised version of my @LawEconCenter wp on “#OpenBanking goes to Washington: Lessons from the EU on regulatory-driven data sharing regimes” has been just in Computer Law & Security Review https://t.co/flLovStRXz 1/2

— Giuseppe Colangelo (@GiuColangelo) July 17, 2024

Interesting piece by @michaelxpettis, though I'm confused at points. Equilibrium (supply equals demand) is often imbued with one-sided causation.

e.g., how are foreign investors' needs more important than unnamed US counterparties? Who is more important in supply and demand? https://t.co/EhqAQRd0aI pic.twitter.com/YKL75QRQbl

— Brian Albrecht (@BrianCAlbrecht) July 16, 2024

#Competition#DigitalMarkets

Last week the @LawEconCenter submitted comments (prepared by @GoeffManne, @AuerDirk, @laz_radic, and yours truly) answering @CMAgovUK’s invitation to comment on its draft guidance for the digital-markets competition regime. A 🧵 with some highlights: pic.twitter.com/rs0iohObdp

— Mario Zúñiga (@MZunigaP) July 16, 2024

#Antitrust #DigitalPlatforms

In a win for @EU_Competition, @Apple will now open its "tap and go" technology on iPhones to other providers. But, it this a win for consumers? I argue it is not… short thread (1/x) https://t.co/DAn6X7FOKA

— Mario Zúñiga (@MZunigaP) July 11, 2024

This was a predictable way for the Commission to close a weak competition case (though a much stronger DMA one).

The big question is what this means for DMA enforcement.

A short 🧵 https://t.co/Bwe53DNJRb

— Dirk Auer (@AuerDirk) July 11, 2024

The Supreme Court's Loper Bright mentions Brand X. Gorsuch's concurrence highlights the FCC's flip-flopping on #netneutrality as on reason to jettison Chevron deference.

But, what will Loper Bright mean for the FCC's latest foray into Title II? A 🧵 … https://t.co/bCkWuhN38p

— Eric Fruits, Ph.D. (@ericfruits) July 10, 2024

In this new addition to our special issue on neo-brandeisianism, @AuerDirk and @laz_radic outline three potential future scenarios for the movement. A must-read! https://t.co/g5kIJzIiLr

— Network Law Review (@NetworkLawRev) July 9, 2024

At #CRESSE Conference discussing about #interoperability in mobile ecosystems pic.twitter.com/8e6W20T2RM

— Giuseppe Colangelo (@GiuColangelo) July 5, 2024

The @LawEconCenter offers the following statement from Senior Scholar @RBenSperry on today's NetChoice opinions:https://t.co/7CEC30dndT

— Int'l Ctr Law & Econ (@LawEconCenter) July 1, 2024

1/17 Last week, @TOTMblog posted an interview with @JohnFingleton1. Some interesting insights on the UK's Digital Markets Bill (DMCC) and its post-Brexit approach to competition issues more generally, broken down in this 🧵 https://t.co/lGKttd5Qxp

— Lazar Radic (@laz_radic) July 1, 2024

Threads from ICLE scholars on trending issues for the month of June 2024.

As if Loper Bright weren't enough, today also brings another interesting discussion on the proper role of the administrative state in the form of Commissioner @MHolyoakFTC's full statement dissenting from the FTC majority's Non-Compete Clause Rule. pic.twitter.com/BUY8syWzbz

— Geoffrey Manne (@geoffmanne) June 28, 2024

Statement from @LawEconCenter's @geoffmanne on the Supreme Court's Loper Bright opinion:https://t.co/kzYNKx1m5m

— Int'l Ctr Law & Econ (@LawEconCenter) June 28, 2024

1/11 We sometimes hear that consumers always want more privacy. But, in a world of trade-offs, how much would users be willing to pay for it? Google's Timeline changes suggest that not very much. Some would even be willing to pay to avoid privacy-enhancing product changes. 🧵

— Lazar Radic (@laz_radic) June 28, 2024

I'll have a lot more on Murthy v. Missouri soon (a long blog post coming soon) but the basic points I want to get across are these:

🧵

— Ben Sperry (@RBenSperry) June 26, 2024

Today, the @EU_Commission has issued a statement of objections against Microsoft over concerns that the company tied Teams to its productivity applications included with Office 365 & Microsoft 365. Some preliminary thoughts. 🧵https://t.co/dapODN4p5i

— Lazar Radic (@laz_radic) June 25, 2024

1/13 Treasury's proposed rules on outbound investment to China raise significant concerns for AI development (among other industries).

— kristian stout (@kristianstout) June 24, 2024

There are growing concerns about veto points in building and development in the US.

Not every skyline protection or newt conservation group should be able to veto things. That doesn't encourage dynamism.

Are we going down a similar path in antitrust? 🧵

— Brian Albrecht (@BrianCAlbrecht) June 14, 2024

1/ My latest op-ed about in @ET_Edge about why India should question, rather than reflexively import, Europe's digital competition regulation strategy. Tl;dr in 🧵 https://t.co/1Fr0kC5wOE

— Lazar Radic (@laz_radic) June 14, 2024

.@GusHurwitz (@pennlaw, @PCL_CTIC, @LawEconCenter) replies to @jonathanmasur and Eric Posner’s article defending the @FTC's Congressional mandate to enforce a rule banning #noncompetes:

"Legality of the Ban Is Less Certain Than Masur and Posner Suggest"https://t.co/yFXqUUeMIw

— ProMarket (@ProMarket_org) June 13, 2024

Tomorrow in Paris, talking about the privacy/antitrust curse: from the privacy offence to the privacy defense, ie an opportunity for regulatory gaming to undermine the antitrust enforcement https://t.co/T1CFKE3NuB

— Giuseppe Colangelo (@GiuColangelo) June 12, 2024

Almost every household in the U.S. now has access to broadband internet. https://t.co/itWZSfyFw1 pic.twitter.com/nssELt9yxM

— Eric Fruits, Ph.D. (@ericfruits) June 5, 2024

It is an integral part of due process and sound regulation to allow companies the opportunity to show their actions are not harmful – unless you want to completely untether enforcement from outcomes and ban/mandate conduct purely on principle. 1/3 https://t.co/M2Lg7Hw7Yc pic.twitter.com/OKXATQnuPE

— Lazar Radic (@laz_radic) June 5, 2024

Odd Lots + price discrimination = I had to listen right away.

As the episode makes clear, a lot of this is experimental. We are in a new era of pricing. Absolutely.

Let me give some reasons for a little less doom and gloom out of that experimentation. https://t.co/E8CrolXoDI

— Brian Albrecht (@BrianCAlbrecht) June 3, 2024

Threads from ICLE scholars on trending issues for the month of May 2024.

🚨 May Day Paper🚨

The FTC has gone all in on labor markets in the past 5 months:

1. Merger guidelines
2. Kroger/Albertsons
3. Noncompetes

How straightforward will it be to apply antitrust to labor?@AuerDirk, @geoffmanne, and my paper lay out some challenges ahead 🧵

— Brian Albrecht (@BrianCAlbrecht) May 1, 2024

Policymakers are starting to worry that digital market regulations may harm their competitiveness in cutting-edge industries like AI.

This is leading to some seemingly schizophrenic situations.

The latest example is the CMA's recent Amazon/Anthropic merger investigation.

A🧵 pic.twitter.com/3hvihOsh1e

— Dirk Auer (@AuerDirk) May 2, 2024

1/9 In the drive to close America's digital divide, the role of technology-neutral policies cannot be overstated. Satellite broadband, exemplified by Starlink and soon Amazon's Kuiper, is pivotal for reaching the most remote areas. https://t.co/AfwasxFaZA pic.twitter.com/GpYU0c3Mpd

— kristian stout (@kristianstout) May 2, 2024

There doesn't seem to be a way to access the Google Maps pin for Daunt Books through Google Search anymore, even when I add "Google Maps" to the query. I can't click on the map thumbnail, and the only link to Google Maps I get is to someone's list of best London bookshops. 1/2 pic.twitter.com/PbnXR4xDle

— Lazar Radic (@laz_radic) May 3, 2024

Next 13 June @OECD Competition Policy Best Practice Roundtables on the "Intersection between #Competition and Data #Privacy." Thanks to Carolina Abate for the kind invitationhttps://t.co/T1CFKE3NuB

— Giuseppe Colangelo (@GiuColangelo) May 3, 2024

The new "net neutrality" rules cover much more than throttling data. The FCC claimed sweeping powers across many domains.

My latest with @J2dubyas in @BostonGlobe discusses one that hasn't made headlines but could now be banned:

Usage-based pricinghttps://t.co/heQ63GE1Z2

— Brian Albrecht (@BrianCAlbrecht) May 6, 2024

Antitrust distinguishes per se violations and practices judged under the Rule of Reason.

per se violations aren't anticompetitive on average but so overwhelmingly bad that we don't bother looking at each case.

Noncompetes do not meet this threshold.https://t.co/iACnvK6CO2

— Brian Albrecht (@BrianCAlbrecht) May 13, 2024

I will say, the simplicity of the proposed legislation to sunset Section 230 is remarkable, even if its effects may be complex (and costly). But there is a better way forward for those concerned about the costs of Section 230 immunity (a short 🧵):https://t.co/zE1ElYzPyS

— Ben Sperry (@RBenSperry) May 13, 2024

Did market power drive the 2021-2022 US inflation?

It's a complicated issue but another short note–this time from Leduc, Li & Liu at the SF Fed–suggests probably not. https://t.co/49rRlGQBOT

Let me explain what they do. pic.twitter.com/FbTVwWGfV9

— Brian Albrecht (@BrianCAlbrecht) May 20, 2024

While we wait for the details of the allegations, a few things worth keeping in mind in the discussion around this case:

1. Being a monopoly is not illegal.
2. Having annoyed customers is not illegal.
3. Pissing off Taylor Swift is not illegal. https://t.co/4fYIRm83qu

— Brian Albrecht (@BrianCAlbrecht) May 23, 2024

Threads from ICLE scholars on trending issues for the month of April 2024.

To almost no one's surprise, today the @FCC announced it will be voting on imposing Title II regulation on broadband internet. But, it's way more than just #netneutrality. A 🧵🪡 … https://t.co/eBnFtMCFws

— Eric Fruits, Ph.D. (@ericfruits) April 3, 2024

Net neutrality is still a bad idea.

— Rep. Real Diehl (@Real_EdDiehl) April 3, 2024

If you support the newly proposed American Privacy Rights Act because it will eliminate the "patchwork" of state privacy laws, but are skeptical of a top-down federal privacy mandate (as you should be!), read on! @Jim_Harper and I have a better solution. 🧵 1/19 pic.twitter.com/wvYUqRuaXt

— Geoffrey Manne (@geoffmanne) April 8, 2024

BEAD, "all-in" pricing, digital discrimination, #netneutrality, "bulk billing" ban … while Khan's FTC gets all the attention, Rosenworcel's FCC is wiping the board. https://t.co/AQg75aQVlN

— Eric Fruits, Ph.D. (@ericfruits) April 8, 2024

Two weeks ago, @EU_Commission launched DMA investigations against Apple, Google and Meta.

I have just published a blog post with some initial thoughts 👇

TL;DR, below:https://t.co/Dck1JJ943M

— Dirk Auer (@AuerDirk) April 9, 2024

#Antitrust #Tech

Last week @Meta filed a Motion for Summary Judgement (MSJ), seeking dismissal of the @FTC's 2020 “monopolization” lawsuit. Here at @LawEconCenter we read the whole thing, so you don’t have to. A 🧵: pic.twitter.com/3yylfQfgS2

— Mario Zúñiga (@MZunigaP) April 9, 2024

Ahead of yet another Section 230 hearing today, it is worth considering the tradeoffs inherent in immunity, accountability, and collateral censorship (a short 🧵)https://t.co/dZi0r6jT1x

— Ben Sperry (@RBenSperry) April 11, 2024

The module taught by @GiuColangelo will be dedicated to #Apps & #VideoGames💥

🎓By grappling with theoretical issues & real-world case studies, you'll emerge equipped to assess regulatory strategies and employ legal and economic tools.

Secure your spot🔗 https://t.co/Ob6GnhcQpw pic.twitter.com/WU86s9PldZ

— Centre for a Digital Society (@EUI_CDS) April 12, 2024

Remember when Barack Obama said, “I’ve got a pen, and I’ve got a phone?” Well, sometimes a pen and a phone won't do and Congress needs to step in.

Key portions of the telecom sector are jammed up and only Congress can clear the jam. https://t.co/pqrmNBMaQx pic.twitter.com/DnR4DozTC6

— Eric Fruits, Ph.D. (@ericfruits) April 17, 2024

Wait digital tyranny is when you get a targeted ad? Like as bad as when British exploited Americans through taxation without representation? This speech from Congresswoman Rodgers is a bit nutty at the Energy & Commerce Committee Hearing. https://t.co/JSnxNT7tCZ

— Ben Sperry (@RBenSperry) April 17, 2024

Reading the EU EDPB's opinion on 'pay or consent,' it's like watching them try to bend over backwards to target 'big tech' without harming German newspapers, while being forced by the Court of Justice to swallow the bitter pill that 'pay or consent' is lawful.

— Mikołaj Barczentewicz (@MBarczentewicz) April 18, 2024

Extremely happy for the opportunity to discuss about the #DMA with the @StanfordLaw community next Thursday (April 25th).
Thanks to @xavierquer and the Stanford Antitrust Law and Policy Association for the kind invitationhttps://t.co/2GyHvNDgvs

— Giuseppe Colangelo (@GiuColangelo) April 19, 2024

The final rule goes further than the proposal. Never would have guessed that.

Proposed rule bans for *all workers* pic.twitter.com/NqrwmVHfK1

— Brian Albrecht (@BrianCAlbrecht) April 23, 2024

Perhaps this is a good opportunity to once again pitch my physician noncompete paper (open access) here: https://t.co/K4xsAlCDyr

— Daniel J Gilman (@DanielJGilman1) April 23, 2024

With the @FCC again reinstating net neutrality today, I consider the FCC's (and the Biden administration's) argument on the First Amendment implications of editorial discretion @TOTMblog, titled Net Neutrality and the Paradox of Private Censorship. A 🧵https://t.co/qkSK3Xmku2

— Ben Sperry (@RBenSperry) April 25, 2024

My @LawEconCenter wp on #sherlocking, ie platform’s use of non-public third-party business data (pre-print version also here https://t.co/wmW1iFPxWB) has been published in World Competition https://t.co/ov15Ti965V. pic.twitter.com/qrkXBN6DKz

— Giuseppe Colangelo (@GiuColangelo) April 27, 2024

Threads from ICLE scholars on trending issues for the month of March 2024.

1/245 Just days before the DMA's entry into force, Apple — one of the six designated gatekeepers to which the new law would apply — is hit with the first-ever fine from the Commission for abuse of dominance under EU competition rules. Some thoughts 🧵 https://t.co/1sHuLFFRgU

— Lazar Radic (@laz_radic) March 4, 2024

1/22 The Commission's €1.84 billion fine against Apple is built on three pillars: (1) the assumption that iOS is a separate market; (2) an increase in the price of music subscription fees for iOS users; (3) a degraded iOS user experience due to high search costs.Let's unpack🧵

— Lazar Radic (@laz_radic) March 5, 2024

Happy to attend the next episode of @CompPolicyInt conferences on #dynamic #competition in dynamic markets: https://t.co/dtBM6UAQux
Please join us in Milan on March 22 pic.twitter.com/lJxxlK2np0

— Giuseppe Colangelo (@GiuColangelo) March 5, 2024

It's hard to imagine capitalism without competition, so I guess I agree?

Luckily, the US has the most competitive markets in the world and has for decades!

It holds across Democratic and Republican administrations. All their policy differences are peanuts.

What do I mean? 🧵 https://t.co/pmQ7YuBaK8

— Brian Albrecht (@BrianCAlbrecht) March 6, 2024

1/ The FCC has proposed rules requiring cable/satellite providers to give rebates to customers when there are programming blackouts due to failed retransmission negotiations. But this proposal may do more harm than good. A 🧵 … https://t.co/Nk2K1NHOsS

— Eric Fruits, Ph.D. (@ericfruits) March 6, 2024

I will not be watching the State of the Union. I have kids and a life.

But the White House's SOTU fact sheet on inflation is out, and it's a masterclass in missing the point.*

*On the economics. As political scapegoating, I'll let others decide. https://t.co/ZYSX0cdnXL pic.twitter.com/4Idh9kriJx

— Brian Albrecht (@BrianCAlbrecht) March 7, 2024

🎙️The Tech Brief podcast is back!
This week, @JH_Tar meets @laz_radic and discuss this year’s tech competition news, such as the European Commission’s fine on Apple, Mistral AI’s partnership with Microsoft, and more.
🎧Listen on Euractiv: https://t.co/H3Psn2UPZF pic.twitter.com/FyALh239Ga

— Euractiv Technology (@eaTechEU) March 8, 2024

We @LawEconCenter filed our comments today in front of @FTC on the NPRM for the COPPA Rule. We continue to argue that the focus on restricting the ability of children's content creators to monetize through targeted advertising is misplaced. a 🧵https://t.co/yDacDN8XsO

— Ben Sperry (@RBenSperry) March 11, 2024

Looks like #netneutrality is yesterday's news, but that's not stopping the FCC from trying to take over the internet under Title II.

This time, it's in the name of "national security" … and the FCC wants Sect. 214 to play a big role. A 🧵… https://t.co/gjjwpLA9Jk

— Eric Fruits, Ph.D. (@ericfruits) March 15, 2024

Big day today as the Commission kicks off its second round of #DMA compliance workshops , this time focused on specific gatekeepers, their compliance reports, and the feedback of third-parties. First target: Apple https://t.co/qQPJldgdCf

— Kay Jebelli 🇺🇦 (@KayJebelli) March 18, 2024

Strap in folks, because it's Day 2 of the EC's DMA Compliance Workshops, this one is focused on Meta and their compliance plans to address the gatekeeper regulation. I'll be live tweeting what comes out alongside some running commentary. https://t.co/eet0rS2N4o

— Kay Jebelli 🇺🇦 (@KayJebelli) March 19, 2024

Thoughts on Murthy oral arguments @TOTMblog. tl;dr:

There is a danger the Court's opinion in Murthy could erect barriers so high that no one could successfully challenge the kinds of opaque-to-the-public government censorship alleged in the case. A 🧵https://t.co/KRt7dhRy35

— Ben Sperry (@RBenSperry) March 20, 2024

Did you know DOJ is suing Apple? You did? Okay.

Well, there's a lot of talk comparing the Apple antitrust case to Microsoft back in the day.

What were the effects of the Microsoft lawsuit? There's an important paper you should know 🧵

— Brian Albrecht (@BrianCAlbrecht) March 21, 2024

The DOJ complaint against Apple filed yesterday has led me to think, once again, about the increasing chasm that exists between antitrust theory and basic common sense & logic. I think this dissonance is getting worse and worse, to the point of mutual exclusion. 1/12

— Lazar Radic (@laz_radic) March 22, 2024

Very good thread. https://t.co/94uaUt2ld4

— Alex Tabarrok 🛡️ (@ATabarrok) March 22, 2024

Last week, the Commission held workshops with the big tech firms to discuss their DMA compliance plans.

The Commission clearly is not happy with those discussions because it is now launching a major legal offensive.

What does this mean for these firms and their consumers?

A🧵 https://t.co/lJfsVsD4dd

— Dirk Auer (@AuerDirk) March 25, 2024

The FCC's digital discrimination rules "regulate virtually every aspect of broadband service, including speeds, pricing, promotions, marketing and advertising." My latest at DC Journal. 1/3 https://t.co/8NYx3zQHre

— Eric Fruits, Ph.D. (@ericfruits) March 27, 2024

Threads from ICLE scholars on trending issues for the month of February 2024.

Last June, the FCC chair urged her fellow commissioners to take up an investigation of broadband data caps. That investigation never launched. To find out what may have happened check out the latest Telecom Hootenanny. https://t.co/NoCLqo0eFi A 🧵…

— Eric Fruits, Ph.D. (@ericfruits) February 5, 2024

1 pm this Wed. at Capitol Hill Club (reception 5 pm): Administrative Agencies & Antitrust in 2024. Hosts @CmteForJustice & @AlliedAntitrust. 1st panel: Congressmen @RepNateMoran & @KevinKileyCA. 2nd & 3rd panels: @PaulSteidler (@LexNextDC), Sean Heather (@USChamber),…

— Committee for Justice (@CmteForJustice) February 5, 2024

1/11 The Bayh-Dole Act has fostered innovation, but proposed changes to expand march-in rights could undermine incentives for commercialization and reduce access to new technologies. pic.twitter.com/gqiUfkapr4

— kristian stout (@kristianstout) February 6, 2024

We @LawEconCenter have been really busy in the last few months (and continue to be!) weighing in on cases with major implications for online speech. Today @TOTMblog, I write about those efforts
a 🧵https://t.co/bTwvfzy5xV

— Ben Sperry (@RBenSperry) February 12, 2024

Death, taxes, and data regulation –
Episode 491 of the Cyberlaw Podcasthttps://t.co/QJjh5DEfsK
With @JaneYakowitz,@GusHurwitz,@n8jones81 but without me

— stewartbaker (@stewartbaker) February 13, 2024

"[Neoliberalism] brought back fairies and all these pre-Enlightenment beliefs in the form of "magical markets" and "market forces." These are not things that exist in the real world."- Barry Lynn

As someone who writes Economic Forces, let me clarify 👇https://t.co/UsrbpIXBiv

— Brian Albrecht (@BrianCAlbrecht) February 13, 2024

Great to see a piece on productivity. In the long run, it is all that matters.

I was just giving a talk on this last week, so I have a few thoughts: https://t.co/SIxVI7AEEP

— Brian Albrecht (@BrianCAlbrecht) February 14, 2024

Another week, another amicus brief here @LawEconCenter. Our latest is in the case Bonta v. @NetChoice, in front of the Ninth Circuit, involving a First Amendment challenge to California's Age-Appropriate Design Code (AADC). A 🧵https://t.co/dxHopDqX7u

— Ben Sperry (@RBenSperry) February 15, 2024

In the least shocking antitrust news in years, the FTC will sue to stop the Kroger/Albertsons merger.

The @LawEconCenter team has been writing about the coming challenge for too long.

Here are a few things you should know: pic.twitter.com/P1X1ibYQdc

— Brian Albrecht (@BrianCAlbrecht) February 21, 2024

The more you dig into the FTC's digital discrimination rules, the more (as the kids would say) "problematic" it becomes. A 🧵 … https://t.co/ELOfNqdPa5 pic.twitter.com/K8TbCHUIqP

— Eric Fruits, Ph.D. (@ericfruits) February 23, 2024

1/ Re: Kroger/Albertsons merger, the FTC's employees-under-collective-bargaining labor market definition is an interesting flex.

But, let's look at the consumer side. A 🧵 … https://t.co/RpqadSaUiH

— Eric Fruits, Ph.D. (@ericfruits) February 27, 2024

CPI International Law & Economics Roundtable, Barcelona, October 16, 2023. See agenda here.

CPI International Law & Economics Roundtable, Barcelona, October 16, 2023. See agenda here.

Reason – ICLE President Geoffrey Manne was quoted by Reason in a story about the U.S. antitrust agencies,  which covered both the recent FTC-DOJ draft merger guidelines and also cited ICLE’s recent merger retrospectives white paper. You can read full piece here.

Over the summer, the FTC and DOJ jointly released a draft update of corporate merger guidelines, which Khan said were designed to “reflect the realities of how firms do business in the modern economy.” In response, Geoffrey Manne, in his capacity as president of the International Center for Law & Economics, argued that “the overbroad guidelines are clearly designed to deter merger activity as a whole, regardless of the risk posed to competition.” Baker called them “really more of an anti-merger manifesto.”

…But in “Doomsday Mergers: A Retrospective Study of False Alarms”—a white paper published in March 2023 by the International Center for Law & Economics, a group that tends to be skeptical toward the Khan/Wu approach to antitrust—the economists Brian C. Albrecht, Dirk Auer, Eric Fruits, and Geoffrey A. Manne look at several deals that neo-Brandeisians demanded be blocked—forecasting dire consequences should they be permitted—and show that these dire results have failed to pan out. The paper argues instead for antitrust enforcement that “focuses on tangible and short-term metrics, rather than hypothetical doomsday scenarios that are notoriously hard to predict.”