Clik here to view.
Ongoing Blog Series: The Law, Economics, and Policy of the COVID-19 Pandemic
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. The outbreak...
View ArticleClik here to view.
Goodhart and Bad Policy
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Prices are Information, Even During a Crisis
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Flattening the Curve without Squashing Society: Market Responses to COVID-19
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
The CARES Act and the Tantalizing Promise of a Universal Basic Income
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Paid to Stay Home? An Entirely Intended Consequence of the COVID-19 Stimulus
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
First Amendment Conflict of Visions Redux: The Case of Facebook’s Oversight...
In the wake of the launch of Facebook’s content oversight board, Republican Senator Josh Hawley and FCC Commissioner Brendan Carr, among others, have taken to Twitter to levy criticisms at the firm...
View ArticleClik here to view.
Politics Has No Place in Antitrust Enforcement, Left or Right
The goal of US antitrust law is to ensure that competition continues to produce positive results for consumers and the economy in general. We published a letter co-signed by twenty three of the U.S.’s...
View ArticleSetting Up a Fair System for Determining Police Misconduct: Towards A Law &...
Yet another sad story was caught on camera this week showing a group of police officers killing an unarmed African-American man named George Floyd. While the officers were fired from the police...
View ArticleClik here to view.
Happy 90th Birthday to Thomas Sowell, One of the Great Scholars of Law &...
The great Dr. Thomas Sowell One of the great scholars of law & economics turns 90 years old today. In his long and distinguished career, Thomas Sowell has written over 40 books and countless...
View ArticleClik here to view.
On the Origin of Platforms: An Evolutionary Perspective
Hardly a day goes by without news of further competition-related intervention in the digital economy. The past couple of weeks alone have seen the European Commission announce various investigations...
View ArticleA Law & Economics Perspective on Ruth Bader Ginsburg
With the passing of Justice Ruth Bader Ginsburg, many have already noted her impact on the law as an advocate for gender equality and women’s rights, her importance as a role model for women, and her...
View ArticleThe Forgotten Strand of the Anti-Monopoly Tradition in Anglo-American Law
Admirers of the late Supreme Court Justice Louis Brandeis and other antitrust populists often trace the history of American anti-monopoly sentiments from the Founding Era through the Progressive Era’s...
View ArticleClik here to view.
The Problem of Data Property Rights
Policy discussions about the use of personal data often have “less is more” as a background assumption; that data is overconsumed relative to some hypothetical optimal baseline. This overriding...
View ArticleClik here to view.
The FTC Did Not ‘Fumble the Future’ in Its Google Search Investigation
Politico has released a cache of confidential Federal Trade Commission (FTC) documents in connection with a series of articles on the commission’s antitrust probe into Google Search a decade ago. The...
View ArticleClik here to view.
An L&E Defense of the First Amendment’s Protection of Private Ordering
In his recent concurrence in Biden v. Knight, Justice Clarence Thomas sketched a roadmap for how to regulate social-media platforms. The animating factor for Thomas, much like for other conservatives,...
View ArticleClik here to view.
Bad Blood at the FTC
John Carreyrou’s marvelous book Bad Blood chronicles the rise and fall of Theranos, the one-time Silicon Valley darling that was revealed to be a house of cards.[1] Theranos’s Svengali-like founder,...
View ArticleClik here to view.
Breaking Down House Democrats’ Forthcoming Competition Bills
Democratic leadership of the House Judiciary Committee have leaked the approach they plan to take to revise U.S. antitrust law and enforcement, with a particular focus on digital platforms. Broadly...
View ArticleClik here to view.
NY ‘Abuse of Dominance’ Bill Attacks Consumer Welfare and the US Antitrust...
U.S. antitrust law is designed to protect competition, not individual competitors. That simple observation lies at the heart of the Consumer Welfare Standard that for years has been the cornerstone of...
View ArticleICLE Files COPPA Review Comments Arguing the FTC Should Repeal the 2013...
Today, I filed a regulatory comment in the FTC’s COPPA Rule Review on behalf of the International Center for Law & Economics. Building on prior work, I argue the FTC’s 2013 amendments to the COPPA...
View ArticleClik here to view.
Does Political Power Follow Economic Power?
[TOTM: The following is the third in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Geoffrey...
View ArticleWe Should Not Have Our Constitution Redesigned by Antitrust Lawyers
[TOTM: The following is the sixth in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Kristian...
View ArticleWhy the FTC had to Abandon the Duty to Deal Argument Against Qualcomm
On November 22, the FTC filed its answering brief in the FTC v. Qualcomm litigation. As we’ve noted before, it has always seemed a little odd that the current FTC is so vigorously pursuing this case,...
View ArticleExclusionary Pricing Without the Exclusion: Unpacking Qualcomm’s No License,...
Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it...
View ArticleClik here to view.
The Ghosts of Antitrust Past: Part 2 (IBM)
The Department of Justice began its antitrust case against IBM on January 17, 1969. The DOJ sued under the Sherman Antitrust Act, claiming IBM tried to monopolize the market for “general-purpose...
View ArticleClik here to view.
Announcing the TOTM Symposium on the 2020 Draft Joint Vertical Merger Guidelines
Truth on the Market is pleased to announce its next blog symposium: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020...
View ArticleClik here to view.
Welcome to the TOTM Blog Symposium on the 2020 Draft Joint Vertical Merger...
The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020 Welcome! We’re delighted to kick off our two-day blog symposium on the...
View ArticleHovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Herbert Hovenkamp...
View ArticleKolasky: The DOJ and FTC Should Revise Their Proposed Vertical Merger...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by William J. Kolasky...
View ArticleClik here to view.
Fruits: Messy Mergers and Muddled Guidelines (Or, “Orange You Glad I Didn’t...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Eric Fruits (Chief...
View ArticleClik here to view.
What Has Big Tech Ever Done for Us? Part I
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Buyback Backlash: Is the Ban Non-binding?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
IP Rights Are Important, Even in Pandemics
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
The Negative Externalities of Protecting Privacy
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Uber/Grubhub: Pandemic Profiteering, Merger Moratoriums, and Rising...
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Congress Considers Privacy in the Context of COVID-19 and Gets it All Wrong
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Would You Rather: Merger or Nationalization?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
View ArticleClik here to view.
Symposium on Big Tech and the Digital Economy: The Moligopoly Scenario
[TOTM: The following is part of a symposium by TOTM guests and authors marking the release of Nicolas Petit’s “Big Tech and the Digital Economy: The Moligopoly Scenario.” The entire series of posts is...
View ArticleClik here to view.
Trade Promotions in High Tech
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the law, economics, and policy of the antitrust lawsuits against Google. The entire series of posts is available...
View ArticleClik here to view.
Introductory Post: Retrospective on Ajit Pai’s Tenure as FCC Chairman
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the legal and regulatory issues that arose during Ajit Pai’s tenure as chairman of the Federal Communications...
View ArticleClik here to view.
Pai’s Legacy of Progress in Closing the Rural Digital Divide
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the legal and regulatory issues that arose during Ajit Pai’s tenure as chairman of the Federal Communications...
View ArticleClik here to view.
Ajit Pai Brought the FCC’s Media Ownership Rules into the Modern Age
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the legal and regulatory issues that arose during Ajit Pai’s tenure as chairman of the Federal Communications...
View ArticleClik here to view.
Chairman Pai Symposium: Wrap-Up and Thoughts for the Future FCC
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the legal and regulatory issues that arose during Ajit Pai’s tenure as chairman of the Federal Communications...
View ArticleClik here to view.
Build Broadband Better: Focus on Competition, Not Competitors
President Joe Biden named his post-COVID-19 agenda “Build Back Better,” but his proposals to prioritize support for government-run broadband service “with less pressure to turn profits” and to “reduce...
View ArticleICLE at the Oxford Union
Earlier this year, the International Center for Law & Economics (ICLE) hosted a conference with the Oxford Union on the themes of innovation, competition, and economic growth with some of our...
View ArticleClik here to view.
The Klobuchar Bill’s Not-So-Bright Lines for Antitrust Scrutiny
In a recent op-ed, Robert Bork Jr. laments the Biden administration’s drive to jettison the Consumer Welfare Standard that has formed nearly half a century of antitrust jurisprudence. The move can be...
View ArticleClik here to view.
A Coasean Analysis of Offensive Speech
[The following post was adapted from the International Center for Law & Economics White Paper “Polluting Words: Is There a Coasean Case to Regulate Offensive Speech?”] Words can wound. They can...
View ArticleClik here to view.
The FTC’s Privacy Report Fails to Justify Asymmetric Regulation of ISPs
Others already have noted that the Federal Trade Commission’s (FTC) recently released 6(b) report on the privacy practices of Internet service providers (ISPs) fails to comprehend that widespread...
View ArticleClik here to view.
In Apple v Epic, 9th Circuit Should Remember that Antitrust Forbids...
On March 31, I and several other law and economics scholars filed an amicus brief in Epic Games v. Apple, which is on appeal to the U.S. Court of Appeals for Ninth Circuit. In this post, I summarize...
View Article
