TechFreedom Letter Re: FTC’s Proposed Negative Option Rule
We write to express our concerns about two aspects of the proposed rule that would, as drafted, disrupt the careful balance Congress struck in crafting . . .
Labor Monopsony and Antitrust Enforcement: A Cautionary Tale
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Implementing the DMA: Great Power Requires Great Procedural Safeguards
Background… In December 2022, the European Commission launched a public consultation on the regulation to implement the Digital Markets Act, including how the DMA will . . .
Joint Submission of Antitrust Economists, Legal Scholars, and Practitioners to the House Judiciary Committee on the State of Antitrust Law and Implications for Protecting Competition in Digital Markets
Pursuant to the House Judiciary Committee’s request for information to aid its inquiry concerning the state of existing antitrust laws, Antitrust Economists, Legal Scholars, and Practitioners offer the following joint submission.
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Labor Monopsony and Antitrust Enforcement: A Cautionary Tale
Executive Summary In recent years, there has been growing interest among economists, lawyers, and policymakers in the concept of monopsony power, particularly in labor markets. . . .
A Competition Law & Economics Analysis of Sherlocking
Sherlocking refers to an online platform’s use of nonpublic third-party business data to improve its own business decisions—for instance, by mimicking the successful products . . .
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 Report Card on the Impact of Europe’s Privacy Regulation (GDPR) on Digital Markets
This Article will evaluate the consequences of the General Data Protection Regulation (“GDPR”) implemented by the European Union (“EU”) in 2018. Despite its aim . . .
L’Intelligence Artificielle Générative et Actifs Concurrentiels Critiques : Discussion de L’Essentialité des Données
Résumé Le développement de l’Intelligence Artificielle (IA) générative fait l’objet d’une attention particulière de la part des autorités de concurrence. Ses impacts peuvent être déterminants . . .
Lessons from GDPR for AI Policymaking
The ChatGPT chatbot has not just caught the public imagination; it is also amplifying concern across industry, academia, and government policymakers interested in the . . .
Can You Keep a Secret? Banning Noncompetes Does Not Increase Trade Secret Litigation
As bans on noncompete agreements (NCAs) become more frequent, commentators are increasingly concerned that costly trade secret litigation will rise. The logic underlying this . . .
A Choice-of-Law Alternative to Federal Preemption of State Privacy Law
Executive Summary A prominent theme in debates about US national privacy legislation is whether federal law should preempt state law. A federal statute could create . . .
The Treasury Standard: Causes and Consequences
The U.S. dollar is the global reserve currency and the U.S. Treasury security is the global reserve asset. Conventional explanations suggest that this state . . .