The conflicts that led to Epic Games spending so much of its time in courts around the world over the past few years are only partly related to its business model. The other main contributor is the style with which it pursues its goals. From the beginning, the gaming giant [...]
On March 21, the Department of Justice (DoJ) joined 16 state attorneys general to sue Apple for monopolization of the “performance smartphone” (or if the court doesn’t buy that, the “smartphone”) market. The complaint includes five counts of alleged monopolization that superficially appeal to consumer welfare, the current legal standard. [...]
With the tide of Digital Markets Act (DMA)-style regulatory proposals abating somewhat in Congress, antitrust maximalists have turned to the courts to continue their war on online marketplaces. The Federal Trade Commission’s (FTC’s) case against Amazon takes aim at the same procompetitive marketplace management activities that are the center of [...]
In the famous children’s song by Laurie Berkner, the narrator goes to cartoonish lengths to rid themselves of the eponymous cat, only to have it return from each attempt. Congress’s latest effort to require a sale of TikTok (the Protecting Americans from Foreign Adversary Controlled Applications Act, or PAFACA) appears [...]
Federal agencies—especially independent agencies like the Federal Trade Commission (FTC)—have a tough job. They must walk a tightrope between maximizing their authority to appease their loudest constituencies while staying faithful to the boundaries Congress sets in statute. Under these conditions, implementing an agenda that statute and economic realities forbid is [...]