Parts of the Biden administration, Federal Trade Commission, Congress, and media believe the past 40 years of consumer-oriented antirust analysis and enforcement have enabled the growth of market power and anticompetitive behavior. Members of both parties seem to newly believe that big firms are always bad, and they are advocating for less emphasis on economics [...]

Bills targeting the business models and competitive strategies of Big Tech firms are gaining bipartisan momentum in Congress. However, the bills’ sponsors often contradict themselves, overlooking signs of healthy competition in the tech space with little regard for how their proposals would affect consumers. What are the most problematic features in these bills? And where, [...]

Section 230 of the Communications Decency Act was designed to promote a competitive online ecosystem that maximizes user control while guarding against illegal activities. The law is credited with empowering unprecedented innovation, but it is also blamed for allowing Big Tech to suppress speech and avoid liability for seemingly unchecked misinformation. Proposals to reform Section [...]

Does free speech apply to all corners of society, including the internet? The Constitution prohibits Congress from making any law “abridging the freedom of speech, or of the press,” and, since the 1960s, courts have interpreted this as an expansive right of individuals and institutions with few exceptions. However, public support for free speech seems [...]

America’s historical approach to antitrust has promoted economic competition for the consumer’s benefit. Decades of scholarship and careful legal practice created this approach and formulated rigorous analytical tools to support it, enabling a vibrant, dynamic, and market-oriented economy. Recently, a new movement has arisen that seeks to undo this approach and replace it with policies [...]