On Nov. 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement regarding the scope of “unfair methods of competition” (UMC) under Section 5 of the FTC Act. The new statement fills the gap left by the Commission’s July 2021 rescission of its 2015 policy statement.
Rethinking Prop 103’s Approach to Insurance Regulation
The lifecycle of a law is a curious one; born to fanfare, a great solution to a great problem, but ultimately doomed to age badly . . .
Please join us at the Willard Hotel in Washington, DC on December 16th for a conference launching the year-long project, “FTC: Technology and Reform.” With . . .
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Executive Summary California voters passed Proposition 103 in 1988. Since that time, California’s insurance market has struggled to keep pace with national trends and product . . .
Knowledge and Decisions in the Information Age: The Law & Economics of Regulating Misinformation on Social-Media Platforms
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in . . .
A bill recently introduced in the U.S. Senate would fundamentally remake the online digital-display advertising market by forcing the physical separation of a vertically . . .
Executive Summary A well-placed cadre of progressive scholars and advocates—several of whom have in more recent years come to occupy top positions in America’s antitrust . . .
The concept of fairness is not foreign to competition law, nor are considerations of fairness new to it. Persistent uncertainty regarding what constitutes fairness . . .
I. Introduction In cryptocurrency markets, maximal extractable value (“MEV”) is typically defined as “excess profit that a miner [validator] can extract by adjusting execution of . . .
For years, regulators and competition watchdogs have expressed concern about competition in the digital advertising business. They note that digital advertising appears to be dominated by a few dominant firms, such as Google, Facebook, and—to a lesser extent—Amazon.
Executive Summary Section 512 of the Copyright Act, passed as part of the Digital Millennium Copyright Act of 1998, was created to preserve “strong incentives . . .
Examining whether self-preferencing should be considered a new standalone offense under European competition law.