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2 months ago | 
truthonthemarket.com | Kristian Stout |Lazar Radic |Daniel Gilman |Brian Albrecht
The concept of transformative use has emerged as a pivotal issue in fair-use analysis, particularly in cases that involve training data for artificial intelligence (AI). At its core, the transformative-use inquiry asks whether the new work repurposes original material to serve a markedly different function or market than that of the copyrighted work. In this regard, the revised summary judgment handed down today in Thomson Reuters v.
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2 months ago | 
truthonthemarket.com | Lazar Radic |Daniel Gilman |Brian Albrecht
In the first investigation conducted under the new ex-ante regulatory framework established by the Digital Markets, Competition and Consumers Act (DMCC), the United Kingdom’s Competition and Markets Authority (CMA) is seeking to ascertain whether Google has “strategic market status” (SMS) in the search and search-advertising-services markets. The CMA is also tasked with weighing whether ex-ante remedies are needed to address potential anticompetitive harm caused by Google’s position.
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2 months ago | 
truthonthemarket.com | Daniel Gilman |Brian Albrecht |Lazar Radic |Mario Zúñiga
Pleading (in) the Fifth (Circuit)Way back in late January, I wrote a piece called “Lina’s Lingering Legacy?” Lina Khan—at that time, Commissioner Khan, and the week before that, Chair Khan—had not yet left the Federal Trade Commission (FTC) building. But she had been replaced as chair by presidential fiat (as per Section 1 of the FTC Act) and she had announced that she would leave the FTC by close of business Jan. 31. And she did, in fact, depart Jan. 31.
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2 months ago | 
truthonthemarket.com | Lazar Radic |Brian Albrecht |Mario Zúñiga
For more than a year, competition regulators around the globe have been unified in issuing a clarion call that artificial intelligence (AI) risks becoming dominated by just a handful of firms. International competition agencies issued a joint statement in December warning that AI could entrench “market power” and reduce competition.
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2 months ago | 
laweconcenter.org | Lazar Radic |Alden Abbott |Roger Bate
ICLE Issue Brief I.
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Nov 27, 2024 | 
laweconcenter.org | Lazar Radic
ICLE Senior Scholar Lazar Radic was quoted by Pirate Wires in a story about recent moves by the UK government toward more intense regulatory scrutiny of so-called “Big Tech” firms. You can read the full piece here. “These regulations have been designed to short circuit competition laws in the sense that they institutionalize the enforcer’s preferred outcome,” says Lazar Radic, senior scholar for competition policy at the International Center for Law and Economics.
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Nov 21, 2024 | 
laweconcenter.org | Geoffrey Manne |Dirk Auer |Kristian Stout |Lazar Radic
Regulatory Comments Executive SummaryWe thank the Japan Fair Trade Commission (JFTC) for this invitation to comment (ITC) on Generative AI and Competition.[1] The International Center for Law & Economics (ICLE) is a nonprofit, nonpartisan global research and policy center founded with the goal of building the intellectual foundations for sensible, economically grounded policy.
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Oct 31, 2024 | 
laweconcenter.org | Geoffrey Manne |Dirk Auer |Lazar Radic |Mario Zúñiga
Regulatory Comments IntroductionWe appreciate the opportunity to respond to this consultation regarding the Commission’s “Draft Guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union to abusive exclusionary conduct by dominant undertakings” (“Draft Guidelines”).
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Oct 14, 2024 | 
truthonthemarket.com | Lazar Radic |Alden Abbott |Daniel Gilman |Don Rosenberg
Inspired by the European Union’s Digital Markets Act (DMA), a growing number of jurisdictions around the globe either have adopted or are considering adopting frameworks of preemptive digital-competition rules (DCRs) that would more closely regulate the business models of such platforms as Google’s search engine and Amazon’s e-commerce business. The Turkish government may soon join them, as the draft amendment to Law No. 4054 on the Protection of Competition nears completion.
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Oct 13, 2024 | 
koreatimes.co.kr | Lazar Radic
By Lazar RadicSouth Korea recently abandoned plans for the Platform Competition Promotion Act (PCPA), legislation inspired by the European Union’s landmark Digital Markets Act (DMA), which aimed to establish strict competition rules for digital platforms such as Google, Apple, Amazon, and Meta. Instead, the Korea Fair Trade Commission (KFTC) and President Yoon Suk Yeol’s government have expressed support for amendments to the existing Fair Trade Act.
