Competition in the Market for Groceries
Background: In October 2022, supermarkets Kroger and Albertsons announced their intent to merge in a $24.6 billion deal. The combined company would be the third-largest . . .
Competition in the Market for Groceries
AI Regulation Needs a Light Touch
Background: Artificial intelligence—or “AI”—is everywhere these days. It powers our smartphones, cars, homes, and entertainment. It helps us diagnose diseases, teach children, and create art. . . .
Network Effects and Interoperability
Background: The European Union’s Digital Markets Act (DMA), which went into effect in November 2022, requires online platforms deemed to be “gatekeepers” to make their . . .
Ads Aren’t Stocks: The AMERICA Act’s Dangerous False Analogies
Background: The Advertising Middlemen Endangering Rigorous Internet Competition Accountability (AMERICA) Act, recently introduced by Sen. Mike Lee (R-Utah), would bar companies that own a digital-advertising . . .
Europe’s New SEP Regulation: All Quiet on the Patent Front?
Background: The European Commission is about to unveil draft regulation that will more tightly regulate how patents are incorporated into technology standards. The Commission’s expert . . .
FTC UMC Authority: Enforcement Issues
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 . . .
FTC UMC Authority: Uncertain Scope
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 . . .
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 . . .
Journalism Competition and Preservation Act: Not What It Says on the Box
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 . . .