ICLE Comments on California SB 1074
On behalf of the International Center for Law & Economics (ICLE), a nonprofit, nonpartisan research group focused on rigorous economic analysis of law and policy, . . .
Adaptive Legal Infrastructures for Global Digital Economies
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Preemptive Digital-Platform Rules Are Not Good Competition Policy, But They Were Never Meant to Be
Inspired by the European Union’s Digital Markets Act (DMA), a growing number of jurisdictions around the globe either have adopted or are considering adopting frameworks . . .
Blackout Rebates: Tipping the Scales at the FCC
Cable and satellite programming blackouts often generate significant headlines. While the share of the population affected by blackouts may be small—bordering on minuscule—most consumers don’t . . .
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Adaptive Legal Infrastructures for Global Digital Economies
Small jurisdictions have become important suppliers of legal infrastructure for new classes of digital economic activity. We examine the Cayman Islands, the Dubai International . . .
Who Controls Physical AI? Orchestration Power in Robotics and Antitrust Law
The integration of advanced artificial intelligence into robotics and industrial systems—commonly described as “physical AI”—raises a fundamental question for antitrust law: who controls the . . .
Equity, Private Ordering, and Corporate Law
Equity, private ordering, and law are the cornerstones of corporate governance. Courts and scholars regularly hold forth on the interaction between them, drawing the . . .
Orchestration Theory of the Multinational Enterprise in Digital Platform and AI Ecosystems
The emergence of digital platforms, business ecosystems, and artificial intelligence (AI) is transforming the nature of multinational enterprise (MNE) activity and challenging established theories . . .
Adaptive Antitrust Agency Enforcement and the Use of AI: Legal and Policy Implications
Antitrust enforcement increasingly targets markets where pricing, product visibility and consumer interaction are mediated by adaptive AI systems. This Article argues that the core . . .
Controlling Market Power in ASEAN: A Comparative Institutional Law and Economics Analysis of the Intellectual Property-Competition Law Interface
Much of the scholarship concerning the intellectual property–competition law interface remains heavily doctrinal. Analysis commonly focuses upon compulsory licensing, refusals to deal, standard-essential patents . . .
The Hart-Scott-Rodino Act at Fifty: Acquisition Patterns and Industry Dynamics
The Hart-Scott-Rodino (HSR) Act requires firms to notify the U.S. antitrust agencies of acquisitions that exceed size thresholds. We study the economic consequences of . . .
Home Economics: The Effect of a Foreign Buyer Tax on Marriages and Births
A growing literature argues that housing affordability is an important determinant of family formation, influencing both the timing and incidence of marriage and childbearing. . . .
The SEC’s Prudent Rescission of its Misguided Climate Disclosure Rule
We present support for the Securities and Exchange Commission’s 2026 proposal to rescind its climate-related disclosure rules. In doing so, we restate and incorporate . . .