Meta’s Incognito Chat is interesting not because it promises privacy, but because it makes privacy expensive. It limits what Meta can know, what Meta can monetize, and what Meta can hand over later. That is what makes the announcement worth
Truth on the Market
Truth on the Market is a publication that focuses on the intersection of law and economics, particularly in areas such as competition law, regulatory policy, and institutional analysis. It often features in-depth discussions on legal frameworks governing markets, including topics like EU competition law, broadcasting regulations, sports governance, and the economic implications of legal rules. The content typically explores how legal institutions and economic principles interact to shape market behavior, enforcement challenges, and policy reforms. The publication serves as a platform for scholarly and policy-oriented analysis relevant to legal practitioners, economists, and policymakers interested in the economic dimensions of law.
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The European Commission’s ‘Six-Seven’ Theory of Interoperability
If you have been near anyone under the age of 15 in the past year, you may have heard the phrase “six seven” shouted with great conviction and no discernible content. It usually comes with a hand gesture. It means,…
‘Raid or Trade? An Economic Model of Indian-White Relations’ by Terry L. Anderson & Fred S. McChesney
The traditional domain of law & economics is the courtroom, the legislature, and the administrative agency. But in their 1994 article, “Raid or Trade? An Economic Model of Indian-White Relations,” Terry Anderson and Fred McChesney took the theoretical…
Why Humans Are (Probably) Not Headed for the Glue Factory
There’s a popular argument that AI will do to human workers what tractors did to horses. Tractors could do what horses did. Horses became obsolete. AI can do what humans do. Therefore…
Plenty of major AI figures seem to agree.…
‘Punitive Damages as Societal Damages,’ by Catherine M. Sharkey
Catherine Sharkey’s “Punitive Damages as Societal Damages” addresses a tension that has been obvious for decades, but usually treated as an annoyance: punitive damages are justified in public-regarding terms—punishment, deterrence, and condemnation—yet delivered through private litigation and typically…
Addicted to Vagueness: Lawmakers Can’t Regulate Social Media by Vibes
A lawsuit over infinite scroll sounds, at first blush, like a fight over product design. Make the app less sticky. Stop nudging teens to keep scrolling. Turn down the algorithmic dopamine machine.
But the harder constitutional question is whether courts…
Nonstop to Nowhere: Spirit, JetBlue, and the Limits of Merger Doctrine
Spirit Airlines built its brand on the promise that flying could be miserable, but cheap. Its reported shutdown and liquidation now poses a less cheerful question for antitrust: What if the competitor regulators fought to preserve was already running out…
With Gilead’s Reasonableness Standard, Side Effects May Vary
A drug manufacturer’s research pipeline is many things: a bet on science, a bet on regulators, a bet on patents, and a very expensive bet against failure. What it has not traditionally been—at least until now—is a standing invitation for…
Grow the Pie, Skip the Sermon
In a recent Substack essay, “The progress movement needs a better theory of progress,” Brink Lindsey argues that the progress movement has settled for too thin a vision. It focuses on wealth creation and technological advance, he says,…
False Positives, Real Casualties: The High Price of Populist Antitrust
Spirit Airlines was supposed to be the “maverick” antitrust saved from JetBlue. Instead, the deal died, Spirit followed it into bankruptcy, and the maverick exited the market altogether. That is an awkward result for a merger challenge brought in…