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Brian Albrecht on the FTC Blocking Meta’s Within Acquisition

Presentations & Interviews ICLE Chief Economist Brian Albrecht was a guest on the Mornings with Brian Haldane show on Talk 107.3 in Baton Rouge, Louisiana, to discuss the . . .

ICLE Chief Economist Brian Albrecht was a guest on the Mornings with Brian Haldane show on Talk 107.3 in Baton Rouge, Louisiana, to discuss the Federal Trade Commission’s challenge to Facebook parent Meta’s proposed acquisition of virtual-reality app-maker Within. The full interview is embedded below.

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Antitrust & Consumer Protection

Has Sarbanes-Oxley Made Insurance Riskier?

Popular Media The Sarbanes-Oxley Act of 2002 (SOX)—named for its chief sponsors, former Sen. Paul Sarbanes (D–Md.) and former Rep. Mike Oxley (R–Ohio)—was intended to restore trust . . .

The Sarbanes-Oxley Act of 2002 (SOX)—named for its chief sponsors, former Sen. Paul Sarbanes (D–Md.) and former Rep. Mike Oxley (R–Ohio)—was intended to restore trust in the transparency of publicly traded companies after the collapses of WorldCom and Enron Corp. revealed that their auditors had certified financial reports that overstated the firms’ assets and massively understated their liabilities.

But, of course, “transparency” isn’t quite the same thing as prudential safety and soundness. In the insurance space, more specifically, transparency doesn’t necessarily equal solvency.

Read the full piece here.

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Financial Regulation & Corporate Governance

Knowledge, Decisions, and Noncompetes

TOTM One of my favorite books is Thomas Sowell’s Knowledge and Decisions, in which he builds on Friedrich Hayek’s insight that knowledge is dispersed throughout society. Hayek’s . . .

One of my favorite books is Thomas Sowell’s Knowledge and Decisions, in which he builds on Friedrich Hayek’s insight that knowledge is dispersed throughout society. Hayek’s insight that markets can bring dispersed but important knowledge to bear with substantial effectiveness is one that many of us, especially economists, pay lip service to, but it often gets lost in day-to-day debates about policy. Sowell uses Hayek’s insight to understand and critique social, economic, and political institutions, which he judges in terms of “what kinds of knowledge can be brought to bear and with what effectiveness.”

Read the full piece here.

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Antitrust & Consumer Protection

FTC Proposes Rule Deeming Non-Compete Clauses to be Unfair Methods of Competition

TOTM On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to prohibit employers from entering non-compete clauses with workers. The proposed rule . . .

On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to prohibit employers from entering non-compete clauses with workers. The proposed rule would extend to all workers, whether paid or unpaid, and would require companies to rescind existing non-compete agreements within 180 days of publication of the final rule. The FTC will soon publish the NPRM in the Federal Register, triggering a 60-day public comment period.? The rule could be finalized by the end of the year; court challenges to the final rule are likely to follow.

Read the full piece here.

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Antitrust & Consumer Protection

Implementing the DMA: Great Power Requires Great Procedural Safeguards

TL;DR Background… In December 2022, the European Commission launched a public consultation on the regulation to implement the Digital Markets Act, including how the DMA will . . .

Background…

In December 2022, the European Commission launched a public consultation on the regulation to implement the Digital Markets Act, including how the DMA will be enforced procedurally. Among the issues the regulation covers are parties’ rights to be heard, firms’ deadlines to submit documents to the Commission, access to those documents and to the Commission’s case file, and how confidentiality will be protected.

However…

While reasonable people may disagree about the merits of digital-markets regulation, appropriate procedural rules that safeguard parties’ rights and create legal certainty are essential. The timing, background, and content of the Implementing Regulation, however, all raise legitimate concerns and underscore broader issues in the DMA.

Read the full explainer here.

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Antitrust & Consumer Protection

Nation’s First Gun-Insurance Mandates Take Effect. Will They Hold up in Court?

Popular Media As the calendar flips to 2023, among the scores of new laws taking effect are a pair of legislative mandates that would, for the first . . .

As the calendar flips to 2023, among the scores of new laws taking effect are a pair of legislative mandates that would, for the first time anywhere in the country, require firearms owners to obtain and maintain liability insurance. What remains to be seen, however, is whether either measure will survive Second Amendment challenges, particularly given the standard handed by the U.S. Supreme Court in its June 2022 New York State Rifle & Pistol Association Inc. v. Bruen decision.

Read the full piece here.

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Financial Regulation & Corporate Governance

Pro-Social Change for the Most Challenging : Marketing and Testing Harm Reduction for Conservation

Scholarship Abstract This paper investigates the effectiveness of pursuing conservation goals by promoting harm reduction, a once controversial approach to health care that aims to reduce . . .

Abstract

This paper investigates the effectiveness of pursuing conservation goals by promoting harm reduction, a once controversial approach to health care that aims to reduce the harmful impacts of unhealthy behaviors without promoting full abstinence or stigmatizing said behaviors. Conservation proponents often heavily promote solutions more akin to full abstinence, which do not recognize the inherent preference trade-off the heaviest users face when giving up a behavior that may be harmful to the environment, such as driving a car, eating meat and dairy or watering a lawn. We employ two sequential field experiments to market and test effectiveness of a smart irrigation controller, a lawn watering efficiency device. This solution has an ex-ante lower expected impact on conservation than turf removal, the highest impact solution in this context, but is nevertheless more aligned with the preferences of the heaviest users. We show that marketing this preference-aligned solution induces the highest adoption among the heaviest irrigators and those previously disinclined to conserve. Given these compliance patterns, our interventions lead to large and long-lasting individual and social benefits: water savings from the device recover its cost in half a year and are of the magnitude of one household’s basic (indoor) water needs. We find no meaningful increase in water usage among those irrigating less and no evidence of reduced turf removal, suggesting that the harm reduction intervention grows, rather than cannibalizes, the adoption of water conservation alternatives. Our results underscore the importance of considering heterogeneous preferences when designing interventions aimed at fostering pro-social behaviors such as conservation and shed light on how to use marketing to engage the least pro-socially inclined
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Innovation & the New Economy

The FTC’s Misguided Case Against Meta

Popular Media Lina Khan has been an outspoken critic of Big Tech since her law school days, demonstrating a singular focus on the big bad guys—first Amazon . . .

Lina Khan has been an outspoken critic of Big Tech since her law school days, demonstrating a singular focus on the big bad guys—first Amazon and then others. Now, as the chairwoman of the Federal Trade Commission, she has the chance to test her antitrust theories in court. But the FTC’s ongoing challenge against Meta, the parent company of Facebook, reveals the weakness of going after Big Tech in any way possible.

Read the full piece here.

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Antitrust & Consumer Protection

Your Definitive End-of-Year Global Tech Regulation Wrap-Up: Who’s Doing What, Where, and What to Make of It

TOTM As 2023 draws to a close, we wanted to reflect on a year that saw jurisdictions around the world proposing, debating, and (occasionally) enacting digital . . .

As 2023 draws to a close, we wanted to reflect on a year that saw jurisdictions around the world proposing, debating, and (occasionally) enacting digital regulations. Some of these initiatives amended existing ex-post competition laws. Others were more ambitious, contemplating entirely new regulatory regimes from the ground up.

Read the full piece here.

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Antitrust & Consumer Protection