Resources Archive - International Center for Law & Economics

May 11, 2022

Comments of ICLE to the CFTC on FTX Request for Amended DCO Registration Order

Geoffrey A. Manne & Dirk Auer & Joshua Hendrickson & R.J. Lehmann

Introduction The International Center for Law & Economics (ICLE) is grateful for the opportunity to submit these comments in support of FTX’s application to amend its DCO registration to allow…

Financial Regulation

May 11, 2022

ICLE Response to EU Commission Call for Evidence Concerning a New Framework for Standard-Essential Patents

Geoffrey A. Manne & Dirk Auer & Kristian Stout & Ben Sperry

Introduction We thank the European Commission for this opportunity to comment on its call for evidence concerning a new framework for standard-essential patents. The International Center for Law and Economics…

Antitrust & Consumer Protection

April 22, 2022

ICLE Comments on FTC/DOJ Merger Enforcement RFI

Geoffrey A. Manne & Dirk Auer & Brian Albrecht & Eric Fruits & Lazar Radic

The FTC and DOJ's RFI on whether and how to update the antitrust agencies’ merger-enforcement guidelines is based on several faulty premises and appears to presuppose a preferred outcome.

Antitrust & Consumer Protection

April 19, 2022

The Paradox of Choice Meets the Information Age

Andrew Mercado

Barry Schwartz’s seminal work “The Paradox of Choice” has received substantial attention since its publication nearly 20 years ago. In it, Schwartz argued that, faced with an ever-increasing plethora of…

Antitrust & Consumer Protection

April 15, 2022

Application of the Proper ‘Outer Boundary’ of Antitrust Liability for Alleged Refusals to Deal in New York v Facebook

George L. Paul & Jaclyn Phillips & Andrew Black

The following post was authored by counsel with White & Case LLP, who represented the International Center for Law & Economics (ICLE) in an amicus brief filed on behalf of itself and…

Antitrust & Consumer Protection

April 15, 2022

Lina Khan’s Privacy Proposals Are at Odds with Market Principles and Consumer Welfare

Alden Abbott

The Federal Trade Commission (FTC) is at it again, threatening new sorts of regulatory interventions in the legitimate welfare-enhancing activities of businesses—this time in the realm of data collection by…

Antitrust & Consumer Protection

April 12, 2022

Attention Markets: They Know Them When they See Them

Dirk Auer

A raft of progressive scholars in recent years have argued that antitrust law remains blind to the emergence of so-called “attention markets,” in which firms compete by converting user attention into advertising…

Antitrust & Consumer Protection

April 5, 2022

FTC UMC Rulemakings Would Prove Legal Failures

Alden Abbott

Federal Trade Commission (FTC) competition rulemakings, like spring, are in the air. But do they make policy or legal sense? In two commentaries last summer (see here and here), I argued that FTC…

Antitrust & Consumer Protection

April 1, 2022

ICLE Brief for 9th Circuit in Epic Games v Apple

Alden Abbott & Thomas C. Arthur & Dirk Auer & Jonathan Barnett & Donald Boudreaux & Giuseppe Colangelo & Anthony Dukes & Richard Epstein & Vivek Ghosal & Janice Hauge & Gus Hurwitz & Michael S. Jacobs & Mark Jamison & Benjamin Klein & Peter Klein & Jonathan Klick & Dan Lyons & Geoffrey A. Manne & Francisco Marcos & Scott Masten & Alan J. Meese & Igor Nikolic & Paul Rubin & Vernon L. Smith & Michael Sykuta & Alexander "Sasha" Volokh

In this brief for the 9th U.S. Circuit Court of Appeals, ICLE and 26 distinguished scholars of law & economics argue that the district court in a suit brought by Epic Games rightly found that Apple’s procompetitive justifications outweigh any purported anticompetitive effects in the market for mobile-gaming transactions.

Antitrust & Consumer Protection