Resources Archive - International Center for Law & Economics

November 24, 2021

The FTC’s Privacy Report Fails to Justify Asymmetric Regulation of ISPs

Ben Sperry

Others already have noted that the Federal Trade Commission’s (FTC) recently released 6(b) report on the privacy practices of Internet service providers (ISPs) fails to comprehend that widespread adoption of privacy-enabling technology—in particular, Hypertext…

Data Security & Privacy

November 23, 2021

Political Philosophy, Competition, and Competition Law: The Road to and from Neoliberalism, Part 1

Lazar Radic

The interplay among political philosophy, competition, and competition law remains, with some notable exceptions, understudied in the literature. Indeed, while examinations of the intersection between economics and competition law have taught…

Antitrust & Consumer Protection

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

Executive Summary A quarter-century since its enactment as part of the Communications Decency Act of 1996, a growing number of lawmakers have been seeking reforms to Section 230. In the…

Innovation & The New Economy

November 8, 2021

tl;dr – A Path Forward for Section 230 Reform

Geoffrey A. Manne & Kristian Stout

Background… The liability protections granted to intermediaries under Section 230(c)(1) of the Communications Decency Act of 1996 can and should be conditioned on platforms taking reasonable steps to curb harmful…

Innovation & The New Economy

November 8, 2021

What is the Appropriate Role for State Antitrust Enforcement?

Alden Abbott

In the U.S. system of dual federal and state sovereigns, a normative analysis reveals principles that could guide state antitrust-enforcement priorities, to promote complementarity in federal and state antitrust policy,…

Antitrust & Consumer Protection

November 8, 2021

Judge Ginsburg: On the Proposed Digital Markets Unit and the UK’s Competition and Markets Authority

Douglas Ginsburg

[Judge Douglas Ginsburg was invited to respond to the Beesley Lecture given by Andrea Coscelli, chief executive of the U.K. Competition and Markets Authority (CMA). Both the lecture and Judge…

Antitrust & Consumer Protection

November 5, 2021

tl;dr – Benefits of Tech Mergers and Acquisitions

Samuel Bowman & Geoffrey A. Manne

Background… Policymakers in the United States, the United Kingdom, and the European Union recently have pursued legislative and regulatory changes to make it more difficult for large companies, especially digital…

Antitrust & Consumer Protection

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

Introduction News consumers have been treated to a litany of stories in recent years highlighting the purportedly regressive nature of credit-card rewards programs. The coverage centers on a hypothesis about…

Financial Regulation

November 3, 2021

tl;dr – Transatlantic Data Flows Are Crucial to Global Financial Services

Kristian Stout & R.J. Lehmann

Background… Data is one of the pillars of the modern digital economy, but its value is contingent on its ability to flow around the globe in real time, permitting individuals…

Financial Regulation