US competition agencies say they have clarified that antitrust is, not “a roadblock to legitimate cybersecurity information sharing,” but the real story is that the risk of antitrust exposure for exchange of cyber risk information, even among direct competitors, was and remains almost non-existent.
By winning the US v. Bazaarvoice trial without showing that post-closing competitive effects in the nascent market it chose to attack had not, in fact, been harmful to consumers, the Justice Department’s success may have done more damage to antitrust law — and the appropriate role for government predictions of market development — than they ever intended.
Every new year sees a slew of top 5 and top 10 lists looking backwards. Here’s one that looks forward, predicting the five biggest disruptive technologies and threatened industries for 2014.
Retailers are beginning in earnest to deploy technologies marrying the best aspects of online e-commerce with shopping malls and physical stores.
Like it or not, Sen. Jay Rockefeller’s new bill asks the right questions about online streaming television competition.
Making a predictive judgment about future competition in an existing market is quite different from predicting that in the future new markets will emerge.
While “tradition” is a gating factor in the ongoing transformation of the legal industry, in the post-Great Recession legal market of 2013, technology and changing values are rapidly disrupting traditional legal services. This is an exciting moment for legal innovators.
Pandora’s antitrust lawsuit against ASCAP is a leading-edge dispute, scheduled for trial by year-end, that may help catalyze a new approach to the old question of whether — and if so to what extent — owners of copyrighted digital content are permitted to refuse to deal with competing distribution channels on dramatically different commercial terms.
The Ninth Circuit confirmed my prediction by tossing one of the private antitrust class actions against Apple, which had challenged the lawfulness of the proprietary DRM technology Apple initially used for downloadable digital music.
In the continuing conflict between social media and copyright law, only time will tell. Once again, disruptive technology is caught in the middle.