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11 Aug 2023, 7:44 am
BEAD funding: All-of-the-above vs. fiber-above-all In May, my International Center for Law & Economics (ICLE) colleague Kristian Stout cautioned that states might squander BEAD funds if they stick to a “fiber-above-all” approach to broadband deployment: For example, while BEAD is supposed to adhere to the principle of technological neutrality, the NTIA’s funding sheet shows a clear preference for fiber over wireless and satellite providers. [read post]
12 Feb 2024, 6:00 am
My International Center for Law & Economics (ICLE) colleague Kristian Stout (rightfully) criticizes both the NIST framework and the FTC’s cheerleading. [read post]
2 Jun 2023, 2:14 pm
My ICLE colleague Kristian Stout wrote about it here. [read post]
27 Sep 2023, 9:29 am
As Manne and Kristian Stout have argued: Granting retailers access to Amazon’s platform on artificially favorable terms is no more justifiable than granting them access to a supermarket end cap, or a particular unit at a shopping mall. [read post]
13 Sep 2024, 8:26 am
You can find me lamenting here; read my International Center for Law & Economics (ICLE) colleague Kristian Stout here; and, again, Alden Abbott here. [read post]
4 Jul 2023, 8:25 am
Setting that aside, even if only applicable to third-party data, the court’s approach is open to criticism of the kind that Kristian Stout and I leveled against the EDPB’s approach: This stilted view of what counts as a “service” completely fails to acknowledge that “necessary” must mean more than merely technologically possible. [read post]
18 Aug 2023, 1:09 pm
In formal ICLE comments to the FTC, my colleagues Geoff Manne, Kristian Stout, and I observed that the ANPR appeared to define “commercial surveillance” as a “new term of art,” and one “potentially encompassing any commercial use of data that is—in some sense unspecified in the ANPR—‘consumer data,’ together with the also undefined ‘direct derivatives of that information. [read post]
24 Jan 2025, 8:34 am
First and foremost, a belated Happy New Year, tout le monde. [read post]
6 Sep 2023, 2:35 pm
Similarly, Geoffrey Manne, Kristian Stout, and I proposed in our paper, “Who Moderates the Moderators? [read post]
9 Feb 2020, 4:05 pm
Manchester United have accused the Sun newspaper of receiving advanced notice of an intended attack on the house of executive vice-chairman Ed Woodward and have made a complaint to IPSO. [read post]
3 Nov 2023, 3:01 pm
ICLE’s Kristian Stout is here. [read post]
20 Dec 2024, 9:49 am
It’s Not All About Price, Except When We Say So I don’t know if this is the end of an era, the end of an error, a bit of both, or something far more complicated than that, but let’s start with Federal Trade Commission (FTC) Commissioner Melissa Holyoak’s dissent in In the Matter of Southern Glazer’s Wine and Spirits, which is a part of the FTC’s bold, if misguided, endeavor to reanimate the Robinson-Patman Act (RPA) The dissent is an excellent and scholarly… [read post]
3 Aug 2023, 11:04 am
The Federal Trade Commission (FTC) is reportedly poised some time within the next month to file a major antitrust lawsuit against Amazon—the biggest yet against the company and the latest in a long string of cases targeting U.S. tech firms (see, for example, here and here). [read post]
