In the global race to create the best curated online marketplace (COM), every week seems to bring fresh developments that complicate the picture for enforcers and policymakers. Lawsuits and regulatory proposals to eliminate or restrain the management functions of COMs, from retail storefronts to app stores, should account for ever-evolving [...]
The antitrust maximalist movement has been on an extended shopping spree for a tech marketplace remodel in venues around the world, from Congress and state legislatures to the European Union (EU) and United Kingdom (UK), and concurrently, through the federal courts. But in many of these cases, the sought-after sinecure [...]
The current Federal Trade Commission (FTC) and some of its European counterparts are seeing competition problems everywhere, even in the future, in markets that are highly competitive and still emerging. Earlier this year, the FTC blasted several companies competing in artificial intelligence (AI) markets with subpoenas under its 6(b) [...]
Earlier this week, the Federal Trade Commission (FTC) received one court’s implicit blessing to overreach on antitrust. The plaintiff had challenged the FTC’s authority to write rules under its antitrust (unfair methods of competition or “UMC”) authority and, against the odds, the judge declined to grant a preliminary injunction. Fortunately, however, [...]
Apple, Google, and other industry leaders have recently announced that several of their highly anticipated AI-driven features will not be available to their European Union (EU) customers at launch due to concerns around the implementation of the Digital Markets Act (DMA) and the General Data Protection Regulation(GDPR). Their announcements underscore [...]