Four patents can carry a lot of antitrust baggage—especially when they come tucked inside a portfolio of more than 500. In CareFirst of Maryland v. Johnson & Johnson, health insurer CareFirst alleges that Johnson & Johnson unlawfully acquired and later
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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‘Deliberation as Self-Discovery and Institutions for Political Speech,’ by Catherine Hafer and Dimitri Landa
The We Are What We Read series is, in part, about what defines the field of law & economics. The field’s natural home lies in applications that are, well, economic. Hence its longstanding—and now standard—role in contracts, corporations, antitrust,…
Premium, Regular, or Collusive? Brazil’s Aprix Case Tests Algorithmic Pricing
Few antitrust investigations find their theory of harm laid out in the target’s sales brochure. Brazil’s investigation of Aprix, a startup that sells pricing software to gas stations, nearly managed the feat. One of the company’s promotional brochures introduced prospective…
Fiber Freeze: How Maple Grove Made a Cable Franchise the Price of Broadband
The Federal Communications Commission’s (FCC) Build America Agenda rests on a simple premise: Stop making it so hard to build. Federal and state policymakers have spent years reducing permitting delays, resolving pole-attachment disputes, and easing access to public rights-of-way—the public…
Cartels With Benefits: The Trouble With Extending Labor’s Antitrust Exemption
Antitrust law’s usual instruction to competitors who agree on price is admirably brief: Don’t. Labor law makes a deliberate exception for employees who bargain collectively. Advocates now want that exception to cover at least some independent contractors, including rideshare drivers,…
Google, the Unruh Act, and the Legal Risk of Knowing Your Audience
Advertising’s oldest rule is simple: Know your audience. In California, following it may get an online platform sued. Show retirement-home ads to seniors and student discounts to college students, and sensible targeting can suddenly look like unlawful discrimination.
That question…
The Data Center Chessboard Has No Pause Button
The whole country ostensibly wants America to win the artificial intelligence (AI) race. A striking number, however, would prefer someone else’s town to host the data centers, power plants, transmission lines, and cooling systems required to run it.
Adam Smith…
Copy, Paste, Compensate: Nigeria’s Misguided Bid to Make Big Tech Pay for News
Nigeria has looked south and seen a $40 million payday for the press. The trouble is that it misread both the price tag and the fine print—and its attempt to collect may leave Nigerian publishers with fewer readers and no…
Open Weights, Closed Ranks: The AI Manifesto War
The AI industry has entered its manifesto era. Executives, researchers, and employees are issuing rival plans to keep advanced models safe. The fine print contains a less advertised question: Would those plans protect the public—or protect today’s leaders from the…
Much Ado About No News: Australia’s Latest Plan to Make Platforms Pay
Australia’s latest plan to make digital platforms pay for journalism has an unusual feature. A platform can owe money even if it carries no journalism at all. The government calls this an “incentive.”
On Aug. 3, the Australian government finalized…