Caution on Competition Law
Margrethe Vestager, the European Union’s commissioner for competition, posits that competition law has not addressed “the structural entrenchment of companies holding market power”, and that . . .
Caution on Competition Law
The CFPB’s Flawed Credit Card Rate Analysis
Competition benefits consumers, not just through lower prices and better quality, but also by protecting them against fraudulent practices. Clear-eyed government regulation can promote competition . . .
India Should Question Europe’s Digital Competition Regulation Strategy
A February report from the Committee on Digital Competition Law (CDCL) recommended special competition rules for digital markets in India. It was accompanied by a draft Digital . . .
The Legality of the FTC’s Noncompete Ban Is Less Certain Than Masur and Posner Suggest
In a recent article for ProMarket, Jonathan Masur and Eric Posner defend the legality of the Federal Trade Commission’s rule banning noncompetes. However, little of their argument addresses the . . .
Title II: The Model T of Broadband Regulation
The Federal Communications Commission’s (“FCC”) recent order to reclassify broadband internet access as a Title II “telecommunications service” under the Communications Act, will subject the . . .
New York, Listen to California: Antitrust Legislation Threatens Our Innovation Economy
California does not have a reputation for business-friendly legislation. This makes it all the more surprising that a California legislative report rejected a New York . . .
Deterrence in Merger Review: Likely Effects of Recent U.S. Policy Changes
I. Introduction From the outset of the Biden administration, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) indicated their intention to step . . .
The Supreme Court’s Restoration of Executive Prerogative
In its brief history, the Consumer Financial Protection Bureau (CFPB) has been the subject of three of the most important separation of powers cases in . . .
It’s Time for Congress to Step Up to the Plate on Broadband Reform
The recent vote by the Federal Communications Commission’s to put nearly all internet service providers under Title II of the Communications Act is the latest . . .