Prominent privacy lawyers and experts discuss state and federal legislation, COVID-19 and racial justice, privacy developments in the European Union, the FTC's proper role in privacy, and the interpl…
Covid contact tracing approaches vary widely among the U.S. and various other countries, but any such regime must balance public health needs against important privacy rights.
This article discusses various attempts to modify or avoid the immunity granted by Section 230 of the Communications Act to internet platforms for content postings or decisions to restrict access to…
This article compares and contrasts certain provisions of the new California Privacy Rights Act (CPRA) with its predecessor (the CCPA), and Europe's GDPR, and assesses the likely impact of the new la…
Equally strong arguments can be made that firms should be held accountable for breaches of their privacy policies, and that the antitrust laws are not an appropriate vehicle to remedy this conduct.
This article uses economics to consider whether consumers are harmed through the collection, sharing, and selling of their personal information; how that harm
can be quantified; and what remedies m…
This article addresses some of the most significant compliance issues under Europe's General Data Privacy Regulation (GDPR), some of the most notable cases applying the GDPR, and practical compliance…
While competition law may not be useful in tackling concerns about data privacy in China, privacy as one element of product quality could be factored into the antitrust analysis.
This article discusses the legislative options available to Congress if, as expected, the Supreme Court finds that the FTC lacks authority to order disgorgement as a remedy under Section 13(b).
To resolve the inconsistency between two competing theories of merger remedies, courts and the agencies should apply a "substantial lessening of competition" analysis to the proposed remedy.
Whether purchasers from non-participants in a cartel involving differentiated products have standing to sue may be aided by analyzing the upward pricing pressure experienced by their non-participatin…
Vertical integration by online retailers, such as selling their own private label products, creates risks to competition that cannot be dismissed as harmless by analogy to the practices of brick and…
A summary of the best practices and pitfalls of virtual litigation gleaned from interviews of judges, enforcers, and private practitioners, and what practices should be retained post-pandemic.
A description of the Antitrust Project and the researchers led by Aaron Director and Edward Levy using the records in antitrust cases to test price theory against five vertical business. practices.