The Whole Wide World of Government
Once upon a time (July 9, 2021, to be precise), President Joe Biden issued an executive order on “Promoting Competition in the American Economy,” which . . .
The Whole Wide World of Government
Will the FTC Scupper the Kroger/Albersons Merger?
The press is abuzz with news about the Federal Trade Commission’s (FTC) Feb. 26 announcement that it would challenge the proposed Kroger/Albertsons mega-supermarket merger, which had been . . .
NetChoice, the Supreme Court, and the State Action Doctrine
George Orwell’s “Nineteen Eighty-Four” is frequently invoked when political actors use language to obfuscate what they are doing. Ambiguity in language can allow both sides . . .
FCC’s Digital-Discrimination Rules: An Open Invitation to Flood the Field with Schlock
Ahalf-dozen lawsuits have been filed to date challenging the digital-discrimination rules recently approved by the Federal Communications Commission (FCC). These cases were consolidated earlier this month and will now . . .
The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-Claims Rule
Back in February 2022, the Federal Trade Commission (FTC) announced an advance notice of proposed rulemaking (ANPRM) on “deceptive or unfair earnings claims.” According to the FTC… Read . . .
From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation
The European Union’s implementation of the Digital Markets Act (DMA), whose stated goal is to bring more “fairness” and “contestability” to digital markets, could offer some important . . .
Whose Failure Is the Failed Amazon/iRobot Merger?
The European Commission told Amazon in November 2023 of its preliminary view that the company’s proposed acquisition of iRobot restricted competition in the market for . . .
DMA: Setting the Goalposts
In a little less than a month, the European Union’s Digital Markets Act (DMA) will start to bite, but how will it taste? By March 7, companies . . .
Navigating the AI Frontier, Part I
The European Union is on the verge of enacting the landmark Artificial Intelligence Act (AI Act), which will—for better or worse—usher in a suite of . . .