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Publications: Jack Nicastro

July 28, 2026

Comments to UK’s Competition and Markets Authority Regarding Steering Conduct Requirements for Apple and Google

Rather than resort to heavy-handed content and price regulation to address nonexistent market failures, the CMA should follow the lead of the United States and rely on a tried-and-true, ex post law enforcement framework to address concerns about anticompetitive behavior associated with anti-steering practices by Apple and Google.

July 23, 2026

The 'App Store Freedom Act' Would be Bad for Freedom

The App Store Freedom Act would impede innovation, weaken U.S. technological leadership, and import a hostile antitrust framework used abroad to discriminate against American technology companies.

July 1, 2026

How Schumpeterian Profits Create a Virtuous Cycle of Innovation

Innovation not only gives rise to market power, but market power fosters innovation by enabling and incentivizing the firms that possess it to make the investments innovation requires.

June 17, 2026

A New Bipartisan Bill Promises Innovation and Choice. It Will Deliver Neither.

The recently reintroduced American Innovation and Choice Online Act (AICOA) is a departure from America’s current antitrust regime, not an improvement. Although it promises to deliver innovation and choice in the technology sector, AICOA would undermine both.

May 28, 2026

The FTC’s Weak Case Against Uber One Could Cost Consumers

The survival of the Federal Trade Commission’s specious consumer protection claims against Uber over the rideshare company’s popular subscription service perpetuates yet another flawed lawsuit against Big Tech.

April 30, 2026

China Blocks Tech Acquisitions to Weaken America. The US Shouldn’t Follow Suit.

It is easy to be frustrated with the Chinese government and its use of merger and acquisition controls to limit the competitive advantage of American tech firms. But many policymakers in the West have enabled China’s success by weaponizing antitrust and competition laws to kill pro-competitive deals by Big Tech firms.

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