Resources Archive - Page 6 of 231 - International Center for Law & Economics

June 25, 2019

Chevron 's Political Domain: W(h)ither Step Three

Gus Hurwitz

This Essay takes prior work on Chevron in a new direction, arguing that broad deference doctrines have the largely unrecognized but particularly pernicious effect of increasing the political gridlock and politicization of the legislative process.

Antitrust & Consumer Protection

June 20, 2019

New Paper Reveals “Stealth” Consolidation But Competitive Effects Remain Hidden

Alec Stapp

ICLE Research Fellow Alec Stapp responds to a new paper by Thomas Wollman in the American Economic Review regarding “stealth” consolidation and its allegedly anticompetitive effects.

Antitrust & Consumer Protection

June 18, 2019

Response to McGeveran’s The Duty of Data Security: Not the Objective Duty He Wants, Maybe the Subjective Duty We Need

Gus Hurwitz

This response argues that in his efforts to locate a clear duty in existing data security law he has identified a standard that, in all meaningful ways, is one of subjective (not objective) reasonableness – and therefore offers no clarity at all.

Data Security & Privacy

June 15, 2019

ICLE Comments on Department of Justice Workshop on Competition in Television and Digital Advertising

Geoffrey A. Manne

The Department should be commended for undertaking this workshop “to explore industry dynamics in media advertising and the implications for antitrust enforcement and policy.... and the competitive dynamics of media advertising in general.” The competitive dynamics of advertising markets—and digital advertising markets, in particular—are complicated and not well-understood.

Antitrust & Consumer Protection

May 31, 2019

Toward a Proper Understanding of Consumer Privacy and Its Regulation (FTC Hearings, ICLE Comment 10)

Geoffrey A. Manne & Kristian Stout & Dirk Auer & Alec Stapp

FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Toward a Proper Understanding of Consumer Privacy and Its Regulation: Market Realities and the Consumer Welfare Costs of Abandoning Regulatory Restraint. Hearing #12 (Apr. 9-10). Submitted May 31, 2019.

Antitrust & Consumer Protection

May 31, 2019

Properly Balancing Consumer Protection and Innovation in Broadband Markets (FTC Hearings, ICLE Comment 9)

Geoffrey A. Manne & Kristian Stout

FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Properly Balancing Consumer Protection and Innovation in Broadband Markets: The Competition Law and Economics of Vertical Restraints in Broadband. Hearing #10 (Mar. 20, 2019). Submitted May 31, 2019.

Antitrust & Consumer Protection

May 31, 2019

The FTC’s Flawed Data Security Enforcement Program and Suggestions for Reform (FTC hearings, Comment 8)

Geoffrey A. Manne & Gus Hurwitz & Julian Morris & Kristian Stout & Dirk Auer

FTC Hearings on Competition & Consumer Protection in the 21 st Century. Comments of the International Center for Law & Economics: The FTC’s Flawed Data Security Enforcement Program and Suggestions for Reform. Hearing #9 (Dec. 11-12, 2018). Submitted May 31, 2019.

Antitrust & Consumer Protection

May 15, 2019

A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris

Joshua Wright & Douglas Ginsburg

In a recent article[1] Joe Kattan and Tim Muris (K&M) criticize our article[2] on the predictive power of bargaining models in antitrust, in which we used two recent applications to explore implications for uses of bargaining models in courts and antitrust agencies moving forward.

Antitrust & Consumer Protection

May 13, 2019

An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data

Geoffrey A. Manne

The courtroom trial in the Federal Trade Commission’s (FTC’s) antitrust case against Qualcomm ended in January with a promise from the judge in the case, Judge Lucy Koh, to issue a ruling as quickly as possible — caveated by her acknowledgement that the case is complicated and the evidence voluminous.

Antitrust & Consumer Protection