Scholarship Archives - International Center for Law & Economics

March 23, 2022

The Digital Markets Act and EU Antitrust Enforcement: Double & Triple Jeopardy

The European Union's Digital Markets Act will intersect with EU and national-level competition law in ways that subject tech platforms to the risk of double jeopardy and conflicting decisions for the same activity.

Antitrust & Consumer Protection

March 7, 2022

What Does the Growth of Intangible Capital Mean for Competition Policy?

Stian Westlake & Jonathan Haskel

Stian Westlake and Jonathan Haskel find that recent changes in interfirm competition are driven not by less competitive markets, but by the growing importance of intangible capital like R&D, brands, software, and organizational development.

Antitrust & Consumer Protection

March 4, 2022

The Effects of Price Controls on Payment-Card Interchange Fees: A Review and Update

Todd Zywicki & Julian Morris & Geoffrey A. Manne

A review of the literature demonstrates that interchange-fee caps do more harm than good, especially for lower-income consumers.

Financial Regulation

March 1, 2022

Issue Brief: The EU Artificial Intelligence Act

Mikołaj Barczentewicz

As currently drafted, the text of the EU's proposed Artificial Intelligence Act would define virtually all software as AI.

Data Security & Privacy

February 2, 2022

In Harm's Way: Why Online Safety Regulation Needs an Independent Reviewer

Mikołaj Barczentewicz

The attached was originally published by the Institute of Economic Affairs. Summary The draft Online Safety Bill presents a significant threat to freedom of speech, privacy, and innovation. "Safety" has…

Data Security & Privacy

January 24, 2022

Privacy and Security Implications of Regulation of Digital Services in the EU and in the US

Mikołaj Barczentewicz

Written for the Transatlantic Technology Law Forum (TTLF) Working Paper Series, ICLE Senior Scholar Mikołaj Barczentewicz assesses privacy and security risks raised by U.S. and EU legislative proposals to regulate digital platforms.

Data Security & Privacy

November 9, 2021

Who Moderates the Moderators?: A Law & Economics Approach to Holding Online Platforms Accountable Without Destroying the Internet

Geoffrey A. Manne & Kristian Stout & Ben Sperry

A comprehensive survey of the law & economics of online intermediary liability, which concludes that any proposed reform of Section 230 must meaningfully reduce the incidence of unlawful or tortious online content such that its net benefits outweigh its net costs.

Innovation & The New Economy

November 4, 2021

Credit Cards and the Reverse Robin Hood Fallacy: Do Credit Card Rewards Really Steal from the Poor and Give to the Rich?

Todd Zywicki & Ben Sperry & Julian Morris

This paper considers the evidence for and against the reverse Robin Hood hypothesis, finding that the reverse Robin Hood may be more mythical than the original Robin Hood.

Financial Regulation

October 7, 2021

Issue Brief: The Great Transatlantic Data Disruption

Kristian Stout & Michael Mandel & Mikołaj Barczentewicz

A new issue brief published jointly by ICLE and the Progressive Policy Institute looks at looming threats to transatlantic data flows between the U.S. and EU that power an estimated $333 billion in annual trade of digitally enabled services.

Data Security & Privacy

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