By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the…

Meta’s modification of its earlier offerings under regulatory pressure shows, among other things, the need for active and ongoing consultation among agencies with different regulatory missions that impact digital companies.…

The General Data Protection Regulation (“GDPR”), introduced in 2018, represents a milestone in global data protection law. Its two key objectives are to protect individuals’ data privacy rights and to…

California was the first state to enact comprehensive consumer privacy legislation in 2018.  Since then, 19 other states have done so, but have added to or subtracted from California’s approach. …

The internet relies on cookies and personalized advertising to provide services at zero nominal prices. Current privacy regulations in the EU and U.S. use a notice-and-consent model, assuming users understand…

In 2019, the Bundeskartellamt sanctioned Facebook (now Meta) for abusing its dominant position in the market for social media for private users by imposing abusive privacy terms and conditions on…

By Luke M. Froeb1 & Michael Vita2   I. Focus on Consumer Welfare In the 40 years preceding the Federal Trade Commission (“FTC”) under the Biden Administration (“Biden FTC”), consumer…

By Thomas W. Ross1   I. Introduction After an active few years involving various proposals for reform, public consultations, bills debated in Parliament and, finally, three sets of amendments to…

By Douglas H. Ginsburg & Koren W. Wong-Ervin*   There is currently confusion in the United States over the proper causation standard under Section 2 of the Sherman Act, with…

By Anisha Chand1 & Tanveer Verma2   On September 10 2024, the amendments to the Indian Competition Act, 2002 (Competition Act) regarding merger control came into force. A significant amendment…

Remedies are a critical part of merger enforcement and policy. Despite this, current policy on merger remedies lacks coherence and certain features work against the broader goal of vigorous merger…

The 2017 FTC’s “Merger Remedies 2006-2012″ study is the most comprehensive evaluation of remedies conducted to date. It has been widely cited for the proposition that the agency’s remedies were…