Resources Archive - Page 9 of 256 - International Center for Law & Economics

November 3, 2021

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

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

November 2, 2021

Consumer Welfare-Based Antitrust Enforcement is the Superior Means to Deal with Large Digital-Platform Competition Issues

Alden Abbott

There has been a rapid proliferation of proposals in recent years to closely regulate competition among large digital platforms. The European Union’s Digital Markets Act (DMA, which will become effective in 2023)…

Antitrust & Consumer Protection

October 29, 2021

The Contestable Platform Paradox

Dirk Auer

Why do digital industries routinely lead to one company having a very large share of the market (at least if one defines markets narrowly)? To anyone familiar with competition policy…

Antitrust & Consumer Protection

October 28, 2021

FTC Moves Closer Toward Ex Ante Merger Regulation

Alden Abbott

Large group of people in the shape of two puzzle pieces on a white background. The Federal Trade Commission (FTC) has taken another step away from case-specific evaluation of proposed…

Antitrust & Consumer Protection

October 27, 2021

‘New Madison Approach’ Should Be Retained to Promote American Innovation

Alden Abbott

The leading contribution to sound competition policy made by former Assistant U.S. Attorney General Makan Delrahim was his enunciation of the “New Madison Approach” to patent-antitrust enforcement—and, in particular, to…

Intellectual Property

October 27, 2021

tl;dr – Offline Antecedents for Platform Liability

Kristian Stout & Geoffrey A. Manne

Background… Legal history offers examples of areas where attempting to apply liability directly to bad actors is likely to be ineffective, but where certain related parties might be able to…

Innovation & The New Economy

October 27, 2021

tl;dr – The Law & Economics of Online Intermediary Liability

Kristian Stout & Geoffrey A. Manne

Background… The Communications Decency Act of 1996’s Section 230 holds that the law will not treat online service providers as speakers or publishers of third-party content, and that actions the…

Innovation & The New Economy

October 25, 2021

Comments on the Advanced Notice Of Proposed Rulemaking, Re: Executive Order 13984, 'Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities'

Kristian Stout

Intro and summary As one of his final acts in office, former President Donald Trump signed Executive Order 13984 (the EO), “Taking Additional Steps To Address the National Emergency With…

Data Security & Privacy

October 15, 2021

tl;dr – Platform Self-Preferencing: Benefits to Consumers and to Competition

Samuel Bowman & Geoffrey A. Manne

Background… Four months after a similar antitrust measure was advanced to the floor of the U.S. House, a bipartisan group of senators, led by Sens. Amy Klobuchar (D-Minn.) and Chuck…

Antitrust & Consumer Protection