Section 230

The Wicked Problem Embodied by The Twitter Files

In response to a recent ProMarket post about the Twitter Files, professor Tom Ginsburg points out that the toughest question lies in...

False News Has a Long History—But Those In Power Failed To Heed It

In his book The Reality Game: How the Next Wave of Technology Will Break the Truth, Samuel Woolley explores how governments failed...

Why Both Liberals and Conservatives Are Completely Wrong About Section 230

Abolishing Section 230 would not address disinformation and propaganda on social media nor charges of anti-conservative censorship. But its repeal would probably...

The Useful Distraction of Section 230

How the red-herring of a politicized Section 230 and “conservative censorship” distracts from a bipartisan national privacy act.

Kicking Around Section 230: Don’t Confuse Politics and Policymaking

Congressional hearings may make for good TV and viral social media posts, but reforming Section 230 would be more difficult than it...

What Is Next for Section 230 Reform?

Section 230 has faced scrutiny from President Donald Trump, the FCC, Supreme Court Justice Clarence Thomas, the US Congress, and even President-elect...

The Trump FCC Can’t and Shouldn’t Be the Internet Speech Police

The debate over whether Section 230 needs to be updated is an important one. But the proper venue for that debate is...

The Only Regulation Mark Zuckerberg Likes Is No Regulation

In an op-ed and a white paper, Facebook's CEO argues that "private companies should not make so many decisions alone when they touch on...

“We Were Naïve,” Says FCC Chair Who Oversaw the Creation of Section 230

In an interview with ProMarket, former FCC chair Reed Hundt spoke about antitrust, Big Tech platforms, the future of the 1996 provision that provided legal protection...

LATEST NEWS

Merged Firms Offer Less Product Variety

In new research, Enghin Atalay, Alan Sorensen, Christopher Sullivan, and Wanjia Zhu find that mergers and acquisitions often lead to the merged firm offering less product variety than when the two firms operated pre-merger.

Revising Guideline 6 With Evidence To Establish a Structural Inference for Input Foreclosure

Vertical merger law lacks the structural presumption of horizontal merger law, which shifts the burden from the government to the merging parties to provide evidence that a merger will not produce anticompetitive effects when it is known that the merger will substantially increase market concentration. To improve Guideline 6 of the draft Merger Guidelines concerning vertical foreclosure, Steven Salop develops a three-factor criteria with which the government antitrust agencies can show an analogous structural “inference” that shifts the burden of evidence to the merging parties.

How US Antitrust Enforcement Against Xerox Promoted Innovation by Japanese Competitors

Xerox invented modern copier technology and was so successful that its brand name became a verb. In 1972, U.S. antitrust authorities charged Xerox with monopolization and eventually ordered the licensing of all its copier-related patents. As new research by Robin Mamrak shows, this antitrust intervention promoted subsequent innovation in the copier industry, but only among Japanese competitors. Nevertheless, their innovations benefited U.S. consumers.

Revising the Merger Guidelines To Return Antitrust to a Sound Economic and Legal Foundation

The draft Merger Guidelines largely replace the consumer welfare standard of the Chicago School with the lessening of competition principle found in the 1914 Clayton Act. This shift would enable the Federal Trade Commission and Department of Justice Antitrust Division to utilize the full extent of modern economics to respond to rising concentration and its harmful effects, writes John Kwoka.

How Anthony Downs’s Analysis Explains Rational Voters’ Preferences for Populism

In new research, Cyril Hédoin and Alexandre Chirat use the rational-choice theory of economist Anthony Downs to explain how populism rationally arises to challenge established institutions of liberal democracy.