Polluting Words: Is There a Coasean Case to Regulate Offensive Speech?
Introduction Economist Ronald Coase devoted an article in the 1974 edition of the American Economic Review to an idea he had observed to be common . . .
Fairness and Ambiguity in EU Competition Policy
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Ag-biotech merger symposium wrap-up
On Thursday, March 30, Friday March 31, and Monday April 3, Truth on the Market and the International Center for Law and Economics presented a blog symposium . . .
Google and the Limits of Antitrust
The antitrust landscape changed dramatically in the last decade. Within the last two years alone, the Department of Justice has held hearings on the appropriate scope of Section 2 of the Sherman Act and has issued, then repudiated, a comprehensive Report.
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Fairness and Ambiguity in EU Competition Policy
The concept of fairness is not foreign to competition law, nor are considerations of fairness new to it. Persistent uncertainty regarding what constitutes fairness . . .
The FTC Knows It When It Sees It
When Congress created the Federal Trade Commission (FTC) in 1914, it charged the agency with condemning “unfair methods of competition.” That’s not the language Congress used in . . .
The Antitrust Assault on Ad Tech: A Law & Economics Critique
For years, regulators and competition watchdogs have expressed concern about competition in the digital advertising business. They note that digital advertising appears to be dominated by a few dominant firms, such as Google, Facebook, and—to a lesser extent—Amazon.
Antitrust Unchained: The EU’s Case Against Self-Preferencing
Examining whether self-preferencing should be considered a new standalone offense under European competition law.
ICLE Brief for D.C. Circuit in State of New York v Facebook
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.
‘New Madison Approach’ Should Be Retained to Promote American Innovation
The leading contribution to sound competition policy made by former Assistant U.S. Attorney General Makan Delrahim was his enunciation of the “New Madison Approach” to . . .
Digital Duty to Deal, Data Portability, and Interoperability
In this chapter, we discuss the development of the duty to deal doctrine in antitrust law, its application to the digital economy, and proposals for specific duties to deal, such as data portability and interoperability.
Congressman Buck’s Third Way
U.S. Rep. Ken Buck (R-Colo.) has proposed what he calls a “Third Way” to improve competition in digital markets.
Correcting Common Misperceptions About the State of Antitrust Law and Enforcement
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.