April 23, 2021

An L&E Defense of the First Amendment’s Protection of Private Ordering

Ben Sperry

In his recent concurrence in Biden v. Knight, Justice Clarence Thomas sketched a roadmap for how to regulate social-media platforms. The animating factor for Thomas, much like for other conservatives,…

Innovation & The New Economy

April 20, 2021

tl;dr - Apple v Epic: The Value of Closed Systems

Dirk Auer & Geoffrey A. Manne

Background: Apple Inc. and Epic Games are currently locked in a high-stakes antitrust dispute. Epic is challenging Apple’s rules that require apps to use Apple Pay for in-app purchases and…

Antitrust & Consumer Protection

March 26, 2021

The FTC Did Not ‘Fumble the Future’ in Its Google Search Investigation

Geoffrey A. Manne & Dirk Auer

In the final analysis, what the revelations do not show is that the FTC’s market for ideas failed consumers a decade ago when it declined to bring an antitrust suit against Google.

Antitrust & Consumer Protection

February 1, 2021

Comments to FTC: ANPR Concerning Future Amendments to the HSR Rules

Dirk Auer & Geoffrey A. Manne & Samuel Bowman

ICLE comments filed Feb. 1, 2021, to the U.S. Federal Trade Commission in response to the FTC's Advance Notice of Public Rulemaking concerning future amendments to the premerger notification rules under the Hart-Scott-Rodino Antitrust Improvements Act.

Antitrust & Consumer Protection

December 17, 2020

The Case Against Google Advertising: What’s the Relevant Market and How Many Are There?

Eric Fruits

Texas Attorney General Ken Paxton’s complaint against Google’s advertising business, joined by the attorneys general of nine other states, continues a long tradition of narrowing market definition to shoehorn market dominance where it may not exist.

Antitrust & Consumer Protection

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