October 27, 2020

tl;dr - Online Intermediaries and “Know Your Business Customer” Requirements

Julian Morris & Kristian Stout

It comes as no surprise to anyone that illegal conduct occurs online. Unfortunately, the individuals and businesses engaging in illegal activity may avoid detection by using tools that hide their identity. This makes enforcement difficult or even impossible.

Innovation & The New Economy

October 22, 2020

tl;dr - The DOJ's Antitrust Case Against Google

Samuel Bowman & Geoffrey A. Manne

The Department of Justice and a few Republican state attorneys general have filed an antitrust suit against Google. But… The DOJ case will struggle.

Antitrust & Consumer Protection

September 14, 2020

The Antitrust Case Against Google’s Adtech Business, Explained

Geoffrey A. Manne & Samuel Bowman & Eric Fruits

We explain how display advertising fits in the broader digital advertising market, describe how display advertising works, consider the main allegations against Google, and explain why Google’s critics are misguided to focus on antitrust as a solution to alleged problems in the market.

Antitrust & Consumer Protection

May 19, 2020

Against the Vertical Discrimination Presumption

Geoffrey A. Manne

"Platform competition is more complicated than simple theories of vertical discrimination would have it, and there is certainly no basis for a presumption of harm."

Antitrust & Consumer Protection

April 17, 2020

Correcting Common Misperceptions About the State of Antitrust Law and Enforcement

Geoffrey A. Manne

On Friday, April 17, 2020, ICLE President and Founder, Geoffrey A. Manne, submitted written testimony to the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law.

Antitrust & Consumer Protection

February 27, 2020

Making Sense of the Google Android Decision

Dirk Auer

The European Commission’s recent Google Android decision will go down as one of the most important competition proceedings of the past decade. Yet, in-depth reading of the 328-page decision leaves…

Antitrust & Consumer Protection

October 1, 2019

Any Way You Measure It, Warren Is Wrong to Claim “Facebook and Google Account for 70% of All Internet Traffic”

Alec Stapp

Seeing internet traffic is not the same thing as “account[ing] for” — or controlling or even directly influencing — internet traffic.

Antitrust & Consumer Protection

September 13, 2019

The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies

Geoffrey A. Manne & Kristian Stout & Alec Stapp

Amazon is again accused of being a predatory pricer, once again the evidence and theory to support this is nonexistent. Shaoul Sussman's complicated argument that the use of grey market sellers to force higher prices throughout the economy, doesn't add up.

Antitrust & Consumer Protection

July 15, 2019

The Third Circuit’s Oberdorf v. Amazon Opinion Offers a Good Approach to Reining in the Worst Abuses of Section 230

Gus Hurwitz

In a remarkable ruling issued earlier this month, the Third Circuit Court of Appeals held in Oberdorf v. Amazon that, under Pennsylvania products liability law, Amazon could be found liable for a third party vendor’s sale of a defective product via Amazon Marketplace.

Data Security & Privacy