Mandates to restrict the flow of data across national boundaries have taken hold in a growing number of jurisdictions, including India. Spearheaded by nations like China, Iran, and Russia, the idea has vocal proponents among those who claim it will forward the goal of “digital sovereignty.”

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International Center for Law & Economics President & Founder Geoffrey A. Manne and Santiago Martinez Lage, president of Ayala de la Torre Abogados, offer closing remarks at ICLE’s March 24, 2023 event “Exploring the Outer Boundaries of Antitrust: Democracy, Sustainability, & Industrial Policy” in Madrid, Spain. The full video is embedded below.

ICLE President Geoffrey Manne was cited by Matt Perault of the Center on Technology Policy at the University of North Carolina at Chapel Hill during Perault’s recent appearance on The Lawfare Podcast. His comments are quoted here and the full episode is embedded below.

I saw Geoff Manne give the Hayek lecture at Duke last week and he presented a case that was actually very critical of Section 230 along these lines, making the case that there’s meritorious litigation that because of 230 never gets its day in court and that there are a variety of social harms that tech platforms, at least in some cases, don’t bear any of the costs for.

The Senate Judiciary Committee’s Subcommittee on Privacy, Technology, and the Law will host a hearing this afternoon on Gonzalez v. Google, one of two terrorism-related cases currently before the U.S. Supreme Court that implicate Section 230 of the Communications Decency Act of 1996.

We’ve written before about how the Court might and should rule in Gonzalez (see here and here), but less attention has been devoted to the other Section 230 case on the docket: Twitter v. Taamneh. That’s unfortunate, as a thoughtful reading of the dispute at issue in Taamneh could highlight some of the law’s underlying principles. At first blush, alas, it does not appear that the Court is primed to apply that reading.

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ICLE President Geoffrey A. Manne joined a panel hosted by the Global Antitrust Institute examining the ever-changing competition policy landscape involving large digital platforms, including the litany of conduct alleged to give rise to antitrust violations, theories of harm emphasizing potential and nascent competition, labor market impacts, and, even, “toxic” or “predatory” innovation. Video of the full panel is embedded below.

Government competition enforcers and policymakers are charged with ensuring India’s economic development by protecting the interests of consumers and ensuring freedom of trade in India’s markets. Regulation of digital markets is an increasingly important component of this enterprise. But emulating Europe’s Digital Markets Act (DMA) by imposing preemptive constraints on digital platforms would be particularly destructive in India’s unique and developing market. 

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The blistering pace at which the European Union put forward and adopted the Digital Markets Act (DMA) has attracted the attention of legislators across the globe. In its wake, countries such as South Africa, India, Brazil, and Turkey have all contemplated digital-market regulations inspired by the DMA (and other models of regulation, such as the United Kingdom’s Digital Markets Unit and Australia’s sectoral codes of conduct).

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Competition Policy International interviewed ICLE President & Founder Geoffrey A. Manne in August 2022. In the video embedded below, he discusses what potential restrictions on so-called “killer acquisitions” could mean for entrepreneurs’ ability to create startups.

Competition Policy International interviewed ICLE President and Founder Geoffrey A. Manne in August 2022. In the video embedded below, he discusses whether the Federal Trade Commission and U.S. Justice Department should change their guidelines for vertical mergers.