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February 18, 2021

tl;dr - The Competition and Antitrust Law Enforcement Reform Act

Samuel Bowman & Geoffrey A. Manne & Dirk Auer
Sen. Amy Klobuchar (D-Minn.) has introduced the Competition and Antitrust Law Enforcement Reform Act (CALERA), sweeping legislation that, if enacted, would change the antitrust rules not just for Big Tech, but for the whole economy.
Antitrust & Consumer Protection
February 18, 2021

tl;dr - Lawmaking and Legislative Procedure in the European Union

Anastasiia Rusanova
The process of writing and passing laws in the European Union primarily involves three institutions: the European Commission, the European Parliament, and the Council of the EU. The Commission proposes legislation, and the Parliament and the Council approve, amend, or reject it.
Antitrust & Consumer Protection
February 9, 2021

tl;dr - Consumer Welfare Standard

Samuel Bowman
Returning to a pre-Consumer Welfare Standard state of the law would lead antitrust enforcement to become confused, contradictory, and ineffective at promoting competition. The CWS makes antitrust economically coherent and democratically accountable.
Antitrust & Consumer Protection
February 3, 2021

Chairman Pai Symposium: Wrap-Up and Thoughts for the Future FCC

Kristian Stout
The next chair has an awfully big pair of shoes (or one oversized coffee mug) to fill. Chairman Pai established an important legacy of transparency and process improvement, as well as commitment to careful, economic analysis in the business of the agency.
Telecommunications
February 2, 2021

tl;dr - Pandemic Risk Insurance

R.J. Lehmann
Background: Thousands of U.S. businesses have filed insurance claims for business interruption since the start of the COVID-19 pandemic, particularly where civil authorities have ordered businesses to shutter. The overwhelming…
Financial Regulation
February 1, 2021

Comments to FTC: ANPR Concerning Future Amendments to the HSR Rules

Dirk Auer & Geoffrey A. Manne & Samuel Bowman
ICLE comments filed Feb. 1, 2021, to the U.S. Federal Trade Commission in response to the FTC's Advance Notice of Public Rulemaking concerning future amendments to the premerger notification rules under the Hart-Scott-Rodino Antitrust Improvements Act.
Antitrust & Consumer Protection
January 27, 2021

tl;dr - The Digital Markets Act

Dirk Auer
Background: The European Union has unveiled draft legislation that seeks to tame so-called “gatekeeper” Big Tech firms. If passed into law, this Digital Markets Act (“DMA”) would create a list…
Antitrust & Consumer Protection
January 26, 2021

Ajit Pai Brought the FCC’s Media Ownership Rules into the Modern Age

Geoffrey A. Manne
Pai’s tenure at the FCC was marked by an abiding appreciation for the importance of competition, both as a guiding principle for new regulations and as a touchstone to determine when to challenge existing ones. Perhaps his greatest contribution to bringing competition to the forefront of the FCC’s mandate came in his work on media modernization.
Telecommunications
January 26, 2021

tl;dr - The Digital Services Act

Anastasiia Rusanova
Background: The European Commission has released its draft Digital Services Act (“DSA”), which seeks to make the internet safer for European citizens. If passed into law, this regulation will shape…
Antitrust & Consumer Protection
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