July Threads

Threads from ICLE scholars on trending issues for the month of July 2023.

Last October, Kroger/Albertsons announced their agreement to merge. All signs point that the FTC will challenge it.

Our team at @LawEconCenter has a new policy brief with what you need to know.

We highlight 5 problems we expect with an FTC challenge ? https://t.co/bm48pLKAyt

— Brian Albrecht (@BrianCAlbrecht) July 27, 2023

With the Senate's markup on KOSA and COPPA 2.0 scheduled for tomorrow, it is worth considering the costs of such bills. My newest op-ed @TheHillOpinion argues that these bills will lead to age-gating and exclusion of teens from many online platformshttps://t.co/W9pHJxaGQG

— Ben Sperry (@RBenSperry) July 26, 2023

AI Leaders Bring Washington a Bag of Promises
Episode 469 of the Cyberlaw Podcasthttps://t.co/vi4GV36VMo

— stewartbaker (@stewartbaker) July 25, 2023

Some have suggested that the new US draft merger guidelines ("Guidelines") bring the US closer to the EU's tougher stance on merger control. But, in many ways, the Guidelines herald a world in which merger control is stricter in the US than in the EU. Short ?

— Lazar Radic (@laz_radic) July 24, 2023

This is a really interesting piece of legislation that would be aimed at banning attempts by federal employees and contractors from coercing social media platforms into censorship (a ?) https://t.co/G8htP7iNC1

— Ben Sperry (@RBenSperry) July 20, 2023

My colleagues @LawEconCenter (@geoffmanne, @GusHurwitz, @laz_radic, and @BrianCAlbrecht) have already offered amazing commentary on the FTC/DOJ's proposed changes to the the merger guidelines, as highlighted @reason but I'd like to add my 2 cents (a ?) https://t.co/pro0lPJuVL

— Ben Sperry (@RBenSperry) July 20, 2023

The new merger guidelines are as we expected. That’s not a compliment.

Here are just a few of the problems with these new guidelines ?https://t.co/FyFAMEYbVV

— Brian Albrecht (@BrianCAlbrecht) July 19, 2023

Today's big antitrust news: DOJ/FTC released their much-anticipated proposed revisions to the merger guidelines.

A lot to digest, but some initial thoughts below. Bottom line: if adopted as proposed these changes will do serious reputational damage to the agencies in court. 1/

— Gus Hurwitz (@GusHurwitz) July 19, 2023

We've known @linakhanFTC wanted to rewrite US antitrust since she first took office. (Actually, since she was in law school). So far, she's struck out.

Today's new draft FTC/DOJ guidelines reveal her vision on mergers.

If taken seriously, they will set antitrust back decades ?

— Brian Albrecht (@BrianCAlbrecht) July 19, 2023

Listening to the testimony of Khan, it’s clear to me that she is reproducing -perhaps unknowingly- the narrative that a cabal of evil neoliberals funded by capitalists remade the world in the 1970s to bolster capital and destroy labor. ? https://t.co/lHDz0rRDlB

— Lazar Radic (@laz_radic) July 13, 2023

1/ The EU Commission just decided that the US is “adequate” under the GDPR, giving a convenient and clear legal basis for transfers of personal data to the US. But this will likely be challenged. What will the courts say? Are we going to get “Schrems III”?

— Miko?aj Barczentewicz (@MBarczentewicz) July 10, 2023

In a new @lawfare publication, I suggest that if interoperability can’t be accomplished without reducing security, then the DMA mandate arguably should remain a dead letter until it can.?? https://t.co/LWK3T4Th3D

— Miko?aj Barczentewicz (@MBarczentewicz) July 7, 2023

https://twitter.com/lawfare/status/1677028748518883330?s=20 

Judge Doughty of the federal district for West. Dist. of La. found enough evidence, if the allegations are taken as true, that federal officials have been coercing social media companies into censoring speech in Missouri, et al. v. Biden et al. (a ?): https://t.co/VW4TbllcbR

— Ben Sperry (@RBenSperry) July 6, 2023

I just published an expanded preliminary analysis of the EU Court's new Meta judgment on my website. One additional thing I noticed is that there's an apparent contradiction in the Court's view on "contractual necessity"… https://t.co/oslMIHnxU3 https://t.co/iB58rEAytt

— Miko?aj Barczentewicz (@MBarczentewicz) July 4, 2023

1/ What must you know about today’s potentially momentous decision from the EU’s highest court (CJEU) in Meta’s case? (Case C-252/21)
TLDR: personalized advertising under the GDPR may get even more tricky, but this is not the end.

— Miko?aj Barczentewicz (@MBarczentewicz) July 4, 2023

It's been said that if you want people to pay attention to your company today, you have to genuflect in the direction of AI, whether AI is actually relevant to your company or not. Apparently the same holds for regulatory agencies. 1/5 https://t.co/nXkKT9Av3t

— Geoffrey Manne (@geoffmanne) June 29, 2023