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SUMMARY OF ARGUMENT An interactive computer service’s automated recommendations qualify for statutory immunity under Section 230(c)(1). Congress enacted this policy choice in clear text, supported . . .
Reflecting on the decades of merger challenges brought to that point under the Clayton Antitrust Act of 1914, Justice Potter Stewart observed in 1966 that . . .
Introduction We thank the European Commission for this opportunity to comment on its call for evidence concerning a new framework for standard-essential patents. The International . . .
Background: In 2015, the Federal Trade Commission (FTC) issued a policy statement on its “unfair methods of competition” (UMC) authority—the antitrust part of Section 5 . . .
Background: U.S. law grants both the Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ) authority to enforce both the Sherman Antitrust Act and . . .
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 . . .
Background… As leaders of the U.S. Senate work to pass the National Defense Authorization Act (NDAA) in the ongoing lame-duck session, some reports suggest that . . .
Section 512 of the Copyright Act, passed in 1998, was created to preserve incentives for online service providers (OSPs) and copyright owners to cooperate on detecting and policing copyright infringement, while also giving those OSPs greater certainty about their legal exposure.
On Oct. 7, President Joe Biden signed an executive order to implement the U.S.-EU data-privacy framework.
Sen. Richard Durbin’s (D-Ill.) amendment to 2010’s Dodd-Frank Act capped interchange fees on debit cards issued by large banks and required all debit-card issuers to permit routing of payments over multiple networks.
California Attorney General Rob Bonta recently filed a state-law antitrust suit against Amazon, alleging that it imposes most-favored-nation clauses (MFNs) on its retailers and wholesalers, and that these dampen competition between Amazon and those firms.
In recent years, a set of politicians, academics, regulators, and activists have called for more stringent antitrust scrutiny of companies perceived to be threats to democracy simply by virtue of their size. Today, the brunt of these criticisms target so-called “big tech” companies.