This article argues that a significant amount of law is privately made and suggests that privately made law should be subjected to the same kinds of questioning as publicly made law, considering in the end whether privately made law might be considered quot;molecular federalism.quot; Private...

Korean Abstract: 최근 구글의 알고리즘 변경 및 검색결과 조작에 대한 EU의 제재, 라쿠텐이 온라인 입점업체의 가격 결정권을 침해하고 무료 배송정책을 도입한 행위에 대한 일본 경쟁당국의 제한 조치, 네이버가 자사상품...

Some legislators, especially on the far Left, have set their sights on making radical changes to federal antitrust law. They seek to weaponize antitrust law, such as by making it much easier for the federal government to wield antitrust power to reshape industries and the entire economy. This is...

Considerable debate exists as to the interaction of antitrust and privacy law. This nuanced debate encompasses many difficult questions: when is there a strong consumer preference for privacy, and when is there not? Under what circumstances do consumers happily trade data for service access?...

This paper explores the role of the browser in relation to competition for advertising. It explores the important role of the browser in collecting and transmitting data to servers via data storage and transmission functions, the mechanisms by which these data flows are enabled, and some of the...

The main objective of this paper is to shed some clarity on the applicable criteria for the antitrust analysis of side-deals as part of pharmaceutical patent settlements in the European Union. First, this paper critically discusses and compares the criteria used by the EU Commission and the...

The rise of large firms in the digital economy, including Amazon, Apple, Facebook, and Google, has rekindled the debate about monopolization law. There are proposals to make finding liability easier against alleged digital monopolists by relaxing substantive standards; to flip burdens of proof;...

President Trump’s Executive Order on Preventing Online Censorship is the latest in a series of proposals aimed at independent agencies, chiefly the Federal Communications Commission (FCC) and Federal Trade Commission (FTC), that seek to police how tech companies operate their social media...

The beginning of federal communications regulatory policy was the Post Roads Act of 1886. So spoke the Federal Communications Commission on its Silver Anniversary.It's 1866. The Civil War is over. Western Union has won. Southern telegraph competition had been turned into tree tinsel. A grateful...

The application of AI and Machine Learning (ML) techniques is becoming a primary issue of investigation in the legal and regulatory domain. Antitrust agencies are into the spotlight because antitrust is the first arm of government regulation by tackling forms of monopoly and collusive practices...