Brussels has spent years proving that the easiest way to “fix” the General Data Protection Regulation (GDPR) is to give more power to the institutions that made it unworkable. The Digital Omnibus initially looked ready to continue that tradition.
Truth on the Market
Truth on the Market is a blog published by Truth on the Market that explores the intersection of law, economics, and policy. It covers topics such as institutional frameworks for trade and enforcement, competition law with a focus on EU regulations, sports governance and its legal-economic implications, broadcasting and media regulation including FCC policies, and challenges in antitrust analysis of digital and streaming markets. The blog discusses how economic theory informs legal rules and enforcement, the role of private and public institutions in market regulation, and the evolving legal landscape in areas like vertical restraints, market definition, and platform economics.
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Pulling the 39% Thread: Why the FCC Must Fix More Than the Broadcast Cap
The Federal Communications Commission’s (FCC) 39% broadcast-ownership cap is a rule for a three-network world trying to govern a streaming one. Retiring it makes sense. Retiring it by itself does not.
For four decades, the FCC has barred any company…
The FTC’s AI Accuracy Statement Needs a Fact Check
A policy statement about accuracy should, at minimum, be precise. The Federal Trade Commission’s (FTC) Proposed Policy Statement Concerning the Suppression of Accuracy in Artificial Intelligence Systems (AI Policy Statement) struggles with that assignment.
The International Center for…
Open Models, Closed Minds: AI Policy Keeps Regulating the Wrong Thing
Artificial intelligence has found a new way to make policymakers nervous. The latest fight concerns less what AI can do than who may build it, copy it, distribute it, and decide when those activities become a security threat. That fight…
The Crime of Winning: How Europe’s DMA Punishes Google for Competing
By Lazar Radic
Brussels has found a new way to punish success. Today, the European Commission fined Google €890 million under the Digital Markets Act (DMA) for two familiar business practices—featuring its own products and charging for customers its platform helps attract.
The…
New Jersey’s War on Pricing Software Won’t Build More Apartments
By Alden Abbott
When rents rise, blaming the algorithm is easier than building apartments. New Jersey has chosen the easier target.
On July 20, Gov. Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent Act, or FAIR Act, declaring that landlords who…
Europe’s Privacy Paradox: Fort Knox for Search Data, a Checkbox for Your Phone
By Dirk Auer
Brussels has developed a curious theory of digital privacy. Anonymous search queries need audits, screening, and a security cordon. Your messages, microphone, and screen can make do with a checkbox.
That is the logic running through two decisions the European…
The SEARCH Act Copies Europe’s Homework—and Its Mistakes
By Satya Marar
Some in Congress want to make online search more competitive by deciding in advance how search competition should work.
Sens. Amy Klobuchar (D-Minn.) and Eric Schmitt (R-Mo.) introduced the Securing Enforcement of Americans’ Right to Competition at Home (SEARCH) Act…
Europe Wants Tech Champions, Then Makes Them Share the Trophy
By Alden Abbott
Europe wants its own technology champions. It just seems less comfortable with what champions look like once they arrive.
The European Commission’s latest Digital Markets Act (DMA) decisions capture that tension. Europe wants more innovation, investment, and globally competitive digital…
Brazil’s Gatekeeper Bill Gets a Tuneup, Not a Rethink
Brazil may soon become the first country in the Americas to regulate digital platforms before they do anything wrong. Bill 4,675/2025 would let the Administrative Council for Economic Defense (CADE) designate large technology companies as having “systemic relevance” and impose…