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Regulation and Antitrust

ITIF’s Schumpeter Project on Competition Policy conducts legal and economic research, publishes actionable policy analysis, organizes high-level discussions, and engages with policymakers to rethink the relationship between competition and innovation for the benefit of consumers, innovative companies, the economy, and society.


The Digital Markets Act: A Triumph of Regulation Over Innovation

The Digital Markets Act: A Triumph of Regulation Over Innovation

The Digital Markets Act presents three fundamental challenges as it nears adoption: First, it will increase regulatory fragmentation. Second, its disproportionate blanket obligations and prohibitions will be economically detrimental and legally controversial. Third, it will be difficult to implement, as some of its provisions clash with other European regulations.

More Publications and Events

October 24, 2022|Blogs

What’s Past Is Prologue: Microsoft’s Acquisition of Activision Blizzard Does Not Raise Foreclosure Concerns

Competition authorities in the United Kingdom fear Microsoft will keep Call of Duty off Sony PlayStations if it acquires the game’s publisher. But that’s not what happened when it bought the developer of Minecraft, and there’s no reason to believe this time will be different.

October 12, 2022|Op-Eds & Commentary

Toward International Antitrust: Challenges and Opportunities

International mergers, international cartels, and multinationals engaging with customers across borders underscore the need for greater legal certainty when it comes to antitrust enforcement and policy.

October 6, 2022|Presentations

Fighting Back Against Antitrust Populism

Aurelien Portuese chairs an expert panel discussion as part of a Cato conference that brings together leading economists and policymakers to discuss the ascendant political threats of progressivism and national conservatism to the free economy.

September 25, 2022|Blogs

That NAICS Code Does Not Mean What You Think It Means

The Biden-Harris Economic Blueprint, released on September 9, perpetuates long-dispelled myths about industrial concentration.

September 22, 2022|Events

The EU’s Digital Markets Act: A Triumph of Regulation Over Innovation?

Watch ITIF’s Schumpeter Project on Competition Policy's event for an expert panel discussion and presentation of a new report on the challenges ahead in implementing and enforcing the DMA.

September 19, 2022|Op-Eds & Commentary

Precautionary Antitrust: The Changing Nature of Competition Law

The Federal Trade Commission has announced rulemaking activity on unfair methods of competition, thereby signaling a shift from ex-post judicial enforcement toward ex-ante rules of competition. Such a shift illustrates a precautionary approach to competition matters.

September 15, 2022|Blogs

Biden Blueprint Misses the Mark on Broadband Prices

The administration’s promise of substantially lower prices through more competition takes a shortsighted and localized view of broadband competition that is more calculated to score political points against unpopular corporations than to improve everyday Americans’ broadband service.

September 8, 2022|Blogs

Op-Art: How the Journalism Competition and Preservation Act Levels the Playing Field

The Journalism Competition and Preservation Act (JCPA) seeks to unfairly force large tech companies to pay local news for listing their content.

August 31, 2022|Blogs

History Shows That the News Industry Does Not Need a Handout from Big Tech

Just as policymakers would have been wrong to enact rules to protect print journalism from the rise of broadcast news in the 1930s, so too are policymakers wrong now to try to put their fingers on the scales to limit competition and preserve the status quo.

August 17, 2022|Blogs

FTC Announcement on “Commercial Surveillance” Highlights the Need for Federal Data Privacy Legislation

Not only is FTC’s rulemaking announcement an unnecessary distraction from legislative efforts, but it is a questionable power grab overstretching its statutory authority that will ultimately come at the expense of consumers.

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