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 [...]
Statement from Mike Sax, founder and chairperson of ACT | The App Association, on the 7 March deadline for gatekeepers to comply with obligations set forth by the Digital Markets Act (‘DMA’): 'Today begins a new chapter for app users and developers across the EU. The implementation and enforcement of [...]
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 [...]
The U.S. government’s long-standing support for policies that reduce artificial barriers to digital trade has provided an important foundation for even the smallest American companies’ competitiveness abroad. As virtually all industries continue their transition to digital, and regulators abroad have increasingly sought policies that would exclude American small businesses and [...]