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18 Apr 2024, 7:43 am
For discussion of the specifics, see the comments I filed with my ICLE colleagues Brian Albrecht, Dirk Auer, Gus Hurwitz, and Geoff Manne here, and additional comments by Gus Hurwitz and Geoff Manne here. [read post]
26 Mar 2024, 4:53 am
Gus Hurwitz covers two that made the news last week. [read post]
13 Feb 2024, 11:51 am
Brian is joined for the news roundup by Jane Bambauer, Gus Hurwitz, and Nate Jones. [read post]
24 Dec 2023, 9:05 pm
Premerger Notification Proposal Faces a Rocky Path August 28, 2023 | Justin (Gus) Hurwitz, University of Pennsylvania Carey Law School’s Center for Technology, Innovation, and Competition The FTC’s proposed changes to its premerger notification form are unlikely to survive judicial review. [read post]
18 Dec 2023, 2:04 pm
In their comments to the FCC, Gus Hurwitz and Christopher Yoo conclude that the FCC itself seems to think that Title II regulation is a major question of “economic and political significance”: Rather, the fact that an agency feels it is necessary to ask whether its decisions raise major questions suggests that those questions may well be major. [read post]
12 Dec 2023, 8:35 am
Gus Hurwitz looks at the FTC's last-ditch appeal to stop the Microsoft-Activision merger. [read post]
13 Oct 2023, 10:30 am
Gus Hurwitz’s closing post in this symposium was a very cogent and persuasive (albeit overly optimistic) take on the current state of antitrust enforcement. [read post]
26 Sep 2023, 9:37 am
If you need to catch up on the raft of antitrust lawsuits launched by the Biden administration, Gus Hurwitz has you covered. [read post]
15 Sep 2023, 10:26 am
For informed background on the case (and other litigation against Google), I recommend the Truth on the Market symposium “The Future of American Antitrust: the Google Lawsuits,” with contributions from Geoff Manne, Sam Bowman, Eric Fruits, Gus Hurwitz, Nicolas Petit, Brian Albrecht, and Thom Lambert, as well as a very recent podcast by my ICLE colleague Geoff Manne and Corbin Barthold. [read post]
6 Sep 2023, 2:35 pm
Amazon decision, Gus Hurwitz argued here at Truth on the Market that: Section 230’s immunity could be attenuated by an obligation to facilitate the identification of users on that platform, subject to legal process, in proportion to the size and resources available to the platform, the technological feasibility of such identification, the foreseeability of the platform being used to facilitate harmful speech or conduct, and the expected importance (as defined from a First… [read post]
1 Sep 2023, 12:16 pm
Just as Gus Hurwitz and I noted of the FTC’s unfair methods of competition (UMC) policy statement in an ICLE issue brief, the numerous citations to the case law skew old–quite a bit old. [read post]
25 Jul 2023, 3:06 pm
[Episode 469 of the Cyberlaw Podcast] In our last episode before the August break, the Cyberlaw Podcast drills down on the AI industry leaders' trip to Washington, where they dutifully signed up to what Gus Hurwitz calls "a bag of promises. [read post]
Antitrust at the Agencies Roundup: The Joint FTC/DOJ Guidelines to Nowhere (or Nowhere Good) Edition
22 Jul 2023, 1:01 pm
As Gus Hurwitz and I observed in an ICLE Issue Brief, the Commission there sought to articulate its competition policy with selective and often hazy citations to the case law, purporting to ground a laundry list of allegedly suspect conduct with terms that lacked “any clear meaning under U.S. antitrust law, even if they occur here and there in dicta in Supreme Court or lower court opinions. [read post]
19 Jul 2023, 2:11 pm
What’s more, as Gus Hurwitz points out, “if adopted as proposed these changes will do serious reputational damage to the agencies in court. [read post]
19 Jul 2023, 12:39 pm
Fifteen months after the close of the comment period, we finally have the release of the draft merger guidelines by the Federal Trade Commission (FTC) and the U.S. [read post]
22 Jun 2023, 5:01 am
Justin "Gus" Hurwitz & Kyle Langvardt.] [read post]
21 Jun 2023, 5:01 am
Justin "Gus" Hurwitz & Kyle Langvardt.] [read post]
20 Jun 2023, 5:32 am
Justin "Gus" Hurwitz & Kyle Langvardt.] [read post]
19 Jun 2023, 7:22 am
Justin "Gus" Hurwitz & Kyle Langvardt.] [read post]
18 Jun 2023, 3:28 pm
Justin "Gus" Hurwitz & Kyle Langvardt.] [read post]
