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Gus Hurwitz on Big Tech bills

Presentations & Interviews ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson’s The Cyberlaw Podcast to discuss the American Data Privacy and Protection Act, . . .

ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson’s The Cyberlaw Podcast to discuss the American Data Privacy and Protection Act, the American Innovation and Choice Online Act, and the Journalism Competition and Preservation Act. The full episode is embedded below.

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Antitrust & Consumer Protection

Let Congress decide who gets to regulate crypto

Popular Media Turf battles are nothing new in Washington, but the one currently raging over which federal agency has authority to regulate the trading of digital assets . . .

Turf battles are nothing new in Washington, but the one currently raging over which federal agency has authority to regulate the trading of digital assets reveals deep dysfunction in the modern administrative state. The battle goes far beyond which agency gets more power; the future of the internet may be at stake.

Read the full piece here.

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Financial Regulation & Corporate Governance

Giuseppe Colangelo on the definition of fairness

Presentations & Interviews ICLE Academic Affiliate Giuseppe Colangelo joined Concurrences‘ Antitrust Code podcast to discuss how fairness is defined in competition law. The full episode is embedded below.

ICLE Academic Affiliate Giuseppe Colangelo joined ConcurrencesAntitrust Code podcast to discuss how fairness is defined in competition law. The full episode is embedded below.

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Antitrust & Consumer Protection

Potential Rulemaking on Commercial Surveillance and Data Security: The FTC Must Use Cost-Benefit Analysis

TOTM The Federal Trade Commission’s (FTC) Aug. 22 Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security (ANPRM) is breathtaking in its scope. For an overview . . .

The Federal Trade Commission’s (FTC) Aug. 22 Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security (ANPRM) is breathtaking in its scope. For an overview summary, see this Aug. 11 FTC press release.

Read the full piece here.

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Data Security & Privacy

The FTC’s Pre-Acquisition Review Requirement for All Meta Deals: Hyper-Regulatory, Anti-Free Market, Anti-Rule of Law, and Anti-Consumer

TOTM The Federal Trade Commission (FTC) wants to review in advance all future acquisitions by Facebook parent Meta Platforms. According to a Sept. 2 Bloomberg report, in connection with . . .

The Federal Trade Commission (FTC) wants to review in advance all future acquisitions by Facebook parent Meta Platforms. According to a Sept. 2 Bloomberg report, in connection with its challenge to Meta’s acquisition of fitness-app maker Within Unlimited,  the commission “has asked its in-house court to force both Meta and [Meta CEO Mark] Zuckerberg to seek approval from the FTC before engaging in any future deals.”

Read the full piece here.

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Antitrust & Consumer Protection

Durbin Doubles Down on Dubious Debit Decree

Popular Media The Dodd-Frank Act’s so-called “Durbin amendment,” passed more than a decade ago in 2010, was supposed to reduce the cost of consumer goods by regulating . . .

The Dodd-Frank Act’s so-called “Durbin amendment,” passed more than a decade ago in 2010, was supposed to reduce the cost of consumer goods by regulating the price and processing of debit-card transactions.

Read the full piece here.

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Financial Regulation & Corporate Governance

Antitrust & Democracy

TL;DR In recent years, a set of politicians, academics, regulators, and activists have called for more stringent antitrust scrutiny of companies perceived to be threats to democracy simply by virtue of their size. Today, the brunt of these criticisms target so-called “big tech” companies.

Background…

In recent years, a set of politicians, academics, regulators, and activists have called for more stringent antitrust scrutiny of companies perceived to be threats to democracy simply by virtue of their size. Today, the brunt of these criticisms target so-called “big tech” companies (see herehere, and here).

But…

There is little evidence to support the contention that more concentrated markets lead to less democratic outcomes. Furthermore, the fears of private economic power expressed by advocates for more forceful antitrust tend to elide the genuine threat of state coercion. This is at odds with key principles of liberal democracy, such as the rule of law and freedom from arbitrary state interference.

Read the full explainer here.

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Antitrust & Consumer Protection

The Economy Doesn’t Need a Reset, and Neither Does Management Theory

Scholarship Abstract Policymakers, commentators, and academics have called for a Great Reset, a deepseated overhaul of the organization of the global economy. Some suggest that management . . .

Abstract

Policymakers, commentators, and academics have called for a Great Reset, a deepseated overhaul of the organization of the global economy. Some suggest that management theory needs a reset of its own. We argue that Great Reset proponents fail to appreciate the power of markets to bring about desirable social outcomes and are overly sanguine about what governments can do to alleviate alleged market failures. These views also drive the increasing enthusiasm for stakeholder governance, an increased government role in innovation, and the call for new metrics for assessing outcomes, all part of the Great Reset narrative. And yet, concentrating more decision power in the hands of governments, implementing diffuse metrics, and diluting effective ownership can hamper the functioning of markets, encourage crony capitalism, and reduce the resources that are available for dealing with grand challenges. Existing management theory provides powerful tools for understanding the benefits and costs of alternative institutional arrangements; abandoning these tools will push management theory to the sideline in policy debates.

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Financial Regulation & Corporate Governance

Are All Mergers Inherently Anticompetitive?

TOTM A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in . . .

A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in the real world: firms start competing on price, one firm loses out, that firm agrees to sell itself to the other firm and, finally, prices are jacked up. (Warning: Keep the video muted. The voice-over is painful.)

Read the full piece here.

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Antitrust & Consumer Protection