Towards a Theory of Market Power

This paper analyzes the question of market power. Longstanding definitions and analytical tools are inadequate because they conflate conditions under which a firm has unbeneficial control over its markets (market power) with situations where firms are successful because they are superior in how they serve customers (expanding consumer welfare).

10 Reasons Why the California Consumer Privacy Act (CCPA) Is Going to Be a Dumpster Fire

Last year, real estate developer Alastair Mactaggart spent nearly $3.5 million to put a privacy law on the ballot in California’s November election. He then negotiated a deal with state lawmakers to withdraw the ballot initiative if they passed their own privacy bill. That law — the California Consumer Privacy Act (CCPA) — was enacted after only seven days of drafting and amending.

Toward a Proper Understanding of Consumer Privacy and Its Regulation (FTC Hearings, ICLE Comment 10)

FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Toward a Proper Understanding of Consumer Privacy and Its Regulation: Market Realities and the Consumer Welfare Costs of Abandoning Regulatory Restraint. Hearing #12 (Apr. 9-10). Submitted May 31, 2019.

Properly Balancing Consumer Protection and Innovation in Broadband Markets (FTC Hearings, ICLE Comment 9)

FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Properly Balancing Consumer Protection and Innovation in Broadband Markets: The Competition Law and Economics of Vertical Restraints in Broadband. Hearing #10 (Mar. 20, 2019). Submitted May 31, 2019.