Showing 9 of 736 PublicationsPopular Media

Law and Political Economy

Popular Media Definition Law and political economy (hereafter LPE) is a rapidly expanding field grounded on a critical discussion of law and economics (and its “market fundamentalism”) . . .

Definition

Law and political economy (hereafter LPE) is a rapidly expanding field grounded on a critical discussion of law and economics (and its “market fundamentalism”) within the legal community. According to Aber and Parker (2022), LPE “is a critical approach to law that is focused on the way that purportedly neutral legal rules shape economic power, disguise the political and ideological choices behind inequality, and insulate “the economy” from democratic control.”

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Antitrust & Consumer Protection

Bills Aimed at ‘Protecting’ Kids Online Throw the Baby out with the Bathwater

Popular Media The phrase “don’t throw the baby out with the bathwater” is used to signify that we shouldn’t accidentally throw out good things in our efforts . . .

The phrase “don’t throw the baby out with the bathwater” is used to signify that we shouldn’t accidentally throw out good things in our efforts to get rid of the bad. As the U.S. Senate again gears up to consider multiple bills intended to protect teens online, they must be aware that substantially increasing the costs of creating teen-friendly platforms could lead online platforms to gate access to their platforms in ways that would exclude teens altogether.

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Innovation & the New Economy

Overzealous Antitrust May Prove Anti-Consumer

Popular Media Despite organizing many hearings around antitrust issues, U.S. Sen. Amy Klobuchar has been unable to convince her colleagues in the Senate to overhaul U.S. antitrust . . .

Despite organizing many hearings around antitrust issues, U.S. Sen. Amy Klobuchar has been unable to convince her colleagues in the Senate to overhaul U.S. antitrust law. With no movement from Congress, the Minnesota Democrat’s fellow progressive trust busters at the Federal Trade Commission (FTC) and Department of Justice (DOJ) are pushing for change from within the executive branch.

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Antitrust & Consumer Protection

Antitrust Regulation by Intimidation

Popular Media The Justice Department and Federal Trade Commission’s proposed revisions to the merger guidelines represent the Biden administration’s latest effort to bypass Congress and the courts to rewrite . . .

The Justice Department and Federal Trade Commission’s proposed revisions to the merger guidelines represent the Biden administration’s latest effort to bypass Congress and the courts to rewrite a major area of law. These changes would increase the cost and uncertainty that businesses face when considering mergers—and damage the agencies’ reputations.

Since 1968, Justice and the FTC have issued guidelines to help companies understand when a proposed merger might raise antitrust concerns. The guidelines are a nonbinding public statement that describes how the agencies will approach the enforcement of merger laws. They have been updated from time to time to reflect changes in the law and improved economic understanding about the likely effect mergers will have on competition. They are neither a definitive statement of law nor binding on courts.

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Antitrust & Consumer Protection

The IEA’s Net Zero Pathway Is Economically Illiterate

Popular Media The International Energy Agency (IEA) is either woefully economically ignorant or intent on misleading world governments with respect to the so-called net zero energy transition. . . .

The International Energy Agency (IEA) is either woefully economically ignorant or intent on misleading world governments with respect to the so-called net zero energy transition. This much is clear to me, as an economist, after reading the recent report from the RealClearFoundation and the Energy Policy Research Foundation (EPRF) on the IEA’s net zero scenario.

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Telecommunications & Regulated Utilities

Game Over at the Federal Trade Commission

Popular Media In baseball, it’s three strikes and you’re out. By that standard, antitrust enforcers at the Federal Trade Commission should have stepped off the playing field . . .

In baseball, it’s three strikes and you’re out. By that standard, antitrust enforcers at the Federal Trade Commission should have stepped off the playing field a while ago.

In tallying up the losses, it’s hard to know where to start. The regulatory parade of follies includes the agency’s debatable effort to block Altria’s minority equity investment in Juul, a struggling e-cigarette maker; its puzzling suit to block Facebook’s acquisition of Within, a metaverse fitness app; and now a federal court’s rejection of its challenge to Microsoft’s acquisition of the video-game publisher Activision (which the FTC immediately appealed).

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Antitrust & Consumer Protection

Mandatory Routing Rules Could Hurt Retailers and Credit Card Holders

Popular Media Sen. Richard Durbin (D-Ill.) recently introduced legislation to regulate how credit-card transactions are routed that, if passed, would hinder competition between credit-card issuers, reduce benefits . . .

Sen. Richard Durbin (D-Ill.) recently introduced legislation to regulate how credit-card transactions are routed that, if passed, would hinder competition between credit-card issuers, reduce benefits for consumers, and impede fraud detection and prevention.

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Financial Regulation & Corporate Governance

Congress Should Pull the Brakes on Redefining Railroads’ Common Carrier Obligations

Popular Media A longstanding principle of common law in both the United States and the United Kingdom recognizes the value of establishing “common carriers”— that is, entities . . .

A longstanding principle of common law in both the United States and the United Kingdom recognizes the value of establishing “common carriers”— that is, entities that transport goods, people or services for the benefit of the general public with an obligation not to discriminate among them. Unlike private or “contract” carriers, a common carrier operates under a license provided by a regulator, who retains authority to interpret the carrier’s obligations to the public.

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Telecommunications & Regulated Utilities

How the New Interoperability Mandate Could Violate the EU Charter

Popular Media Among the regulatory tools created by the European Union’s Digital Markets Act (DMA)—landmark competition legislation that took effect across the EU last November—is a mandate that . . .

Among the regulatory tools created by the European Union’s Digital Markets Act (DMA)—landmark competition legislation that took effect across the EU last November—is a mandate that the largest digital-messaging services must be made interoperable. In the name of promoting fairness in digital markets, these gatekeeper services are asked to allow external services to connect with them, enabling new and smaller players to compete.

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Data Security & Privacy