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 [...]
Generative artificial intelligence (GAI) has been shown to support small business innovation in several ways. For example, small companies use GAI in ways that reduce time, cost, and efficiency barriers, advancing avenues for expansion, and otherwise enabling innovation. Yet, potential consequences from utilizing GAI as a commercial tool, including the [...]
To address the existing power imbalances and transparency issues within the standard-essential patent (SEP) licensing landscape, members of ACT | The App Association recently sent a letter to members of the House and Senate Judiciary Committees. This letter underscores the App Association’s support for the Administration’s National Standards Strategy for [...]
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 [...]
