Capital Confusion at the New York Times
In a recent guest essay for The New York Times, Aaron Klein of the Brookings Institution claims that the merger between Capital One and Discover would “keep intact the . . .
Children’s Online Safety and Privacy Legislation
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German Big Tech Actions Undermine the DMA
The complexity of the European Union’s Digital Markets Act (DMA) raises various difficult interpretative questions. Chief among them is whether the EU law is . . .
Understanding ownership and property in the Digital Age
What does it mean to “own” something? A simple question (with a complicated answer, of course) that, astonishingly, goes unasked in a recent article in . . .
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Children’s Online Safety and Privacy Legislation
TL;DR Background: There has been recent legislative movement on a pair of major bills related to children’s online safety and privacy. H.R. 7891, the Kids . . .
SEPs: The West Need Not Cede to China
TL;DR Background: Policymakers on both sides of the Atlantic are contemplating new regulations on standard-essential patents (SEPs). While the European Union (EU) is attempting to . . .
Recent Challenges to the FTC’s Constitutionality
tl;dr Background: Created by Congress in 1914, the Federal Trade Commission (FTC) has employed in-house administrative adjudications for more than a century. The agency’s constitutionality . . .
The 2023 Merger Guidelines: What Are They Good For?
tl;dr Background: In July 2023, the Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ) Antitrust Division jointly released new draft merger guidelines, to . . .
Scale and Antitrust: Where Is the Harm?
tl;dr Background: In the U.S. Justice Department’s (DOJ) recent suit against Google and the Federal Trade Commission’s (FTC) latest complaint against Amazon, both antitrust agencies . . .
The FCC’s Digital-Discrimination Rules
tl;dr Background: Section 60506 of 2021’s Infrastructure Investment and Jobs Act (IIJA) mandated that the Federal Communications Commission (FCC) adopt rules to prevent discrimination in . . .
Merger Divestitures: A Valuable Remedy for Competition Concerns
tl;dr Background: Divestitures are a common remedy sought by antitrust enforcers like the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ). They have historically . . .
Labor-Market Monopsony
tl;dr Background: Concerns have been raised that the proposed merger of grocers Kroger and Albertsons may leave the combined firm with monopsony power in the . . .
FTC v Amazon: Significant Burdens to Prove Relevant Markets and Net Consumer Harm
tl;dr Background: The Federal Trade Commission (FTC) and 17 states this month filed a major antitrust complaint against Amazon. The much-anticipated suit comes more than . . .