[The attached was published by La Academia de Centroamérica, a private, nonprofit research center based in Costa Rica, as an adaptation of the ICLE issue . . .
ICLE Comments on FTC/DOJ Merger Enforcement RFI
When President Joe Biden named Lina Khan to chair the Federal Trade Commission (FTC), the conventional wisdom predicted a focus on Big Tech. In practice, however, Khan has proven hostile not just to the tech sector, but to innovators generally, including those in the gig economy.
On Nov. 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement regarding the scope of “unfair methods of competition” (UMC) under Section 5 of the FTC Act. The new statement fills the gap left by the Commission’s July 2021 rescission of its 2015 policy statement.
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The FTC and DOJ's RFI on whether and how to update the antitrust agencies’ merger-enforcement guidelines is based on several faulty premises and appears to presuppose a preferred outcome.
In this amicus brief for the U.S. Court of Appeals for the D.C. Circuit, ICLE and a dozen scholars of law & economics address the broad consensus disfavoring how New York and other states seek to apply the “unilateral refusal to deal” doctrine in an antitrust case against Facebook.
Written for the Transatlantic Technology Law Forum (TTLF) Working Paper Series, ICLE Senior Scholar Mikołaj Barczentewicz assesses privacy and security risks raised by U.S. and EU legislative proposals to regulate digital platforms.
On both sides of the Atlantic, 2021 has seen legislative and regulatory proposals to mandate that various digital services be made interoperable with others. Several . . .
A new issue brief published jointly by ICLE and the Progressive Policy Institute looks at looming threats to transatlantic data flows between the U.S. and EU that power an estimated $333 billion in annual trade of digitally enabled services.
The European Commission this week published its proposed Artificial Intelligence Regulation, setting out new rules for “artificial intelligence systems” used within the European Union. The . . .
Many people hope that data interoperability can increase competition, by making it easier for customers to switch and multi-home across different products. The UK’s Open . . .
The European Union has unveiled draft legislation that seeks to tame so-called “gatekeeper” Big Tech firms. If passed into law, this Digital Markets Act (“DMA”) would create a list of “dos and don’ts” by which the platforms must abide, such as allowing interoperability with third parties and sharing data with rivals.
The Department of Justice and a few Republican state attorneys general have filed an antitrust suit against Google. But… The DOJ case will struggle.