June 14, 2015

The Problems and Perils of Bootstrapping Privacy and Data into Antitrust

Geoffrey A. Manne & Ben Sperry

Increasingly, people use the internet to connect with one another, access information, and purchase products and services. Along with the growth in the online marketplace have come concerns...

Data Security & Privacy

May 26, 2015

Comments, Sharing Economy Workshop, FTC

Geoffrey A. Manne & Berin Szoka

"We commend the Federal Trade Commission for holding this workshop, and for its recent advocacy of ride-sharing services like Uber, Lyft and Sidecar with transportation regulators in the District of Columbia, Chicago, Colorado and Alaska..."

Innovation & The New Economy

May 26, 2015

Comments, In The Matter of Nomi Technologies, Inc., FTC

Geoffrey A. Manne & Ben Sperry & Berin Szoka & Tom Struble

"The FTC’s consent decree with Nomi Technologies is remarkable for two things. First is what it does not do, practically: empower consumers to opt-out of cell phone tracking while shopping in retail stores..."

Data Security & Privacy

April 29, 2015

The Dark Side of the FTC’s Latest Privacy Case, In the Matter of Nomi Technologies

Geoffrey A. Manne

Last week, the FTC announced its complaint and consent decree with Nomi Technologies for failing to allow consumers to opt-out of cell phone tracking while shopping in retail stores. Whatever…

Antitrust & Consumer Protection

April 29, 2015

NOMI TECHNOLOGIES, INC.: THE DARK SIDE OF THE FTC’S LATEST FEEL-GOOD CASE

Geoffrey A. Manne & Ben Sperry & Berin Szoka

"Last week the Federal Trade Commission (FTC) settled a privacy case – In the Matter of Nomi Technologies, Inc. – that, on its face, will seem banal, but actually raises significant questions about the FTC’s understanding of its broad consumer protection authority..."

Antitrust & Consumer Protection

April 9, 2015

The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case

Geoffrey A. Manne

Earlier this week the International Center for Law & Economics, along with a group of prominent professors and scholars of law and economics, filed an amicus brief with the Ninth…

Antitrust & Consumer Protection

March 20, 2015

FTC Staff Report on Google: Much Ado About Nothing

Geoffrey A. Manne

The Wall Street Journal reported yesterday that the FTC Bureau of Competition staff report to the commissioners in the Google antitrust investigation recommended that the Commission approve an antitrust suit…

Antitrust & Consumer Protection

March 5, 2015

Interesting Upcoming Law and Economics Center Privacy Event

Ben Sperry

On Wednesday, March 18, our fellow law-and-economics-focused brethren at George Mason’s Law and Economics Center will host a very interesting morning briefing on the intersection of privacy, big data, consumer protection, and…

Antitrust & Consumer Protection

January 1, 2015

The FTC's Misguided Notion of a “Common Law” of Data Security

Geoffrey A. Manne & Ben Sperry

"Commissioner Brill and a few academics have described the FTC’s data security settlements as developing a “common law” of data security. It is not readily apparent, however, that the over 50 independent complaints and settlement agreements between the FTC and particular companies amounts to what is traditionally understood as the common law.

Data Security & Privacy