Shows / Truth on the Market
Episodes
- Truth on the Market
Cartels With Benefits: The Trouble With Extending Labor’s Antitrust Exemption
Antitrust law’s usual instruction to competitors who agree on price is admirably brief: Don’t. Labor law makes a deliberate exception for employees…
- Truth on the Market
Google, the Unruh Act, and the Legal Risk of Knowing Your Audience
Advertising’s oldest rule is simple: Know your audience. In California, following it may get an online platform sued. Show retirement-home ads to seniors…
- Truth on the Market
The Data Center Chessboard Has No Pause Button
The whole country ostensibly wants America to win the artificial intelligence (AI) race. A striking number, however, would prefer someone else’s town to…
- Truth on the Market
Copy, Paste, Compensate: Nigeria’s Misguided Bid to Make Big Tech Pay for News
Nigeria has looked south and seen a $40 million payday for the press. The trouble is that it misread both the price tag and the fine print—and its…
- Truth on the Market
Open Weights, Closed Ranks: The AI Manifesto War
The AI industry has entered its manifesto era. Executives, researchers, and employees are issuing rival plans to keep advanced models safe. The fine print…
- Truth on the Market
‘The Logic of Political Survival,’ by Bruce Bueno de Mesquita, Alastair Smith, Randolph M. Siverson & James D. Morrow
Since the COVID-19 pandemic and the political upheavals that followed, concerns have grown that many Western democracies face authoritarian pressure and are…
- Truth on the Market
Much Ado About No News: Australia’s Latest Plan to Make Platforms Pay
Australia’s latest plan to make digital platforms pay for journalism has an unusual feature. A platform can owe money even if it carries no journalism at…
- Truth on the Market
The FCC Is Right To Keep Every Band on the Table for Direct-to-Device
Note: Our editor is on vacation. The image for this post and any errors in the body are solely the fault of the author. At its August 6 open meeting, the…
- Truth on the Market
From Google Fines to French Wine: The Trade Case Against the DMA
Brussels has spent two years testing how much regulatory pain Washington will tolerate before reaching for the tariff book. President Donald Trump may have…
- Truth on the Market
Brussels Tries to Fix the GDPR Without Making It Worse
Brussels has spent years proving that the easiest way to “fix” the General Data Protection Regulation (GDPR) is to give more power to the…
- Truth on the Market
The AI Boom Still Runs on Old-Fashioned Airwaves
AI may live in the cloud, but the cloud still needs roads. Those roads are communications networks—and the airwaves they depend on may determine how far…
- Truth on the Market
Too Many Cooks Spoil the Settlement
In American antitrust, clearing the federal gate increasingly means arriving at the state turnstiles. State attorneys general play a valuable role when harms…
- Truth on the Market
Pulling the 39% Thread: Why the FCC Must Fix More Than the Broadcast Cap
The Federal Communications Commission’s (FCC) 39% broadcast-ownership cap is a rule for a three-network world trying to govern a streaming one. Retiring…
- Truth on the Market
The FTC’s AI Accuracy Statement Needs a Fact Check
A policy statement about accuracy should, at minimum, be precise. The Federal Trade Commission’s (FTC) Proposed Policy Statement Concerning the…
- Truth on the Market
Open Models, Closed Minds: AI Policy Keeps Regulating the Wrong Thing
Artificial intelligence has found a new way to make policymakers nervous. The latest fight concerns less what AI can do than who may build it, copy it…
- Truth on the Market
The Crime of Winning: How Europe’s DMA Punishes Google for Competing
Brussels has found a new way to punish success. Today, the European Commission fined Google €890 million under the Digital Markets Act (DMA) for two…
- Truth on the Market
The Price of Peace in the Swipe-Fee Wars
After 21 years, two failed settlements, and enough economic testimony to qualify as its own industry, the great interchange-fee war may finally be nearing a…
- Truth on the Market
New Jersey’s War on Pricing Software Won’t Build More Apartments
When rents rise, blaming the algorithm is easier than building apartments. New Jersey has chosen the easier target. On July 20, Gov. Mikie Sherrill signed the…
- Truth on the Market
Europe’s Privacy Paradox: Fort Knox for Search Data, a Checkbox for Your Phone
Brussels has developed a curious theory of digital privacy. Anonymous search queries need audits, screening, and a security cordon. Your messages, microphone…
- Truth on the Market
The SEARCH Act Copies Europe’s Homework—and Its Mistakes
Some in Congress want to make online search more competitive by deciding in advance how search competition should work. Sens. Amy Klobuchar (D-Minn.) and Eric…
- Truth on the Market
Competition Law’s Fairness Gap: Why Better Procedure Requires Better Incentives
Everyone agrees competition enforcement should be fair. Agreement gets shakier once fairness starts costing agencies time, discretion, or victories…
- Truth on the Market
Europe Wants Tech Champions, Then Makes Them Share the Trophy
Europe wants its own technology champions. It just seems less comfortable with what champions look like once they arrive. The European Commission’s…
- Truth on the Market
Brazil’s Gatekeeper Bill Gets a Tuneup, Not a Rethink
Brazil may soon become the first country in the Americas to regulate digital platforms before they do anything wrong. Bill 4,675/2025 would let the…
- Truth on the Market
The Missing Rival: China and the Limits of AI Antitrust
The standard AI competition story has plenty of supposed villains. It just keeps leaving out one of the biggest.  Regulators and academics warn that a…
- Truth on the Market
A Patent, a Blood Test, and 20 Years of Waiting
A blood test now helps doctors decide, in about 15 minutes, whether a patient with a suspected brain injury needs a CT scan. It took about 20 years to get…
- Truth on the Market
Lightning in a Bottleneck: How Regulatory Gridlock Is Choking America’s Energy Boom
America’s power grid has plenty of new customers and no shortage of new ideas. What it lacks is a regulatory system capable of connecting the two…
- Truth on the Market
The Cost of Holding Up Broadband
America’s multibillion-dollar broadband push rests on an unglamorous piece of infrastructure: the utility pole. Fiber may carry the future, but first…
- Truth on the Market
Private Credit, Public Panic: Why Life Insurers Are Stronger Than the Headlines Suggest
Private credit has become the financial system’s latest designated villain: opaque, fast-growing, and—depending on the headline—one bad…
- Truth on the Market
Android and the Art of Regulatory Self-Harm
Europe keeps asking where its technology champions are. In Google Android, the Court of Justice of the European Union (CJEU) offered part of the answer: build…
- Truth on the Market
The Fatal Conceit Gets a GPU Cluster: Bernie Sanders’ Plan to Socialize AI
The American A.I. Sovereign Wealth Fund Act rests on a sweeping claim about the ownership of value created by artificial intelligence. Because AI models are…
- Truth on the Market
Chatrie and the Court’s Pretzel Logic: The Fourth Amendment Gets Twisted
The Supreme Court just told police they cannot turn your phone into a witness against you merely because you walked through the wrong patch of pavement. That…
- Truth on the Market
The DMA’s Cloud-Cuckoo Land
The Digital Markets Act (DMA) was built to police digital gatekeepers. The European Commission now wants to test how far that metaphor can stretch—past…
- Truth on the Market
The State That Wouldn’t Hang Up: California’s Fight to Keep the Old Phone Network Alive
In 1877, Thomas Doolittle strung the first hard-drawn copper telephone wire in Ansonia, Connecticut, replacing the iron lines that had carried Alexander Graham…
- Truth on the Market
Killer Theories and Acqui-Hire Alibis
Antitrust agencies have a habit of giving new labels to old anxieties. In artificial intelligence, the latest worry is that partnerships between large…
- Truth on the Market
Much Ado About Removal: The Supreme Court, the FTC, and the End of Independent-ish Agencies
For roughly 90 years, Humphrey’s Executor had been the constitutional law equivalent of a load-bearing antique: an awkward, if still functioning…
- Truth on the Market
Brussels Goes Gate-Hunting: AWS, Azure, and the DMA’s Cloud Problem
The European Commission wants to treat cloud computing as a gatekeeper market. That is the wrong diagnosis, and it would lead to the wrong cure. The…
- Truth on the Market
Don’t Put the Government on the Cap Table
When Washington offers to “share the upside,” check the fine print. With artificial intelligence, the proposed bargain is not just that taxpayers…
- Truth on the Market
Texas Wants to Check Your App Store Papers
Smartphones are no longer just phones. For kids, they are libraries, newspapers, classrooms, cameras, maps, town squares, and, yes, bottomless distraction…
- Truth on the Market
The Roswell Loophole: How to Stop Wireless Deployment One Permit at a Time
A city does not need to hang a “no cell towers allowed” sign to keep wireless service out. It can get there the quieter way: deny one permit, then…
- Truth on the Market
AICOA Rises from the Grave, Still Looking for a Theory of Harm
AICOA is back from the dead, and this time it has learned a few new tricks—mostly how to lower liability thresholds, raise defense burdens, and keep…
- Truth on the Market
Brazil Catches the Acqui-Hire Wave
The global antitrust wave over Big Tech’s artificial intelligence deals has reached Brazil. The question is whether Brazil’s competition authority…
- Truth on the Market
Gotta Catch ’Em All? Antitrust and the AI Talent Wars
The AI talent wars have produced a steady stream of stories that seem tailor-made to confirm everyone’s worst suspicions about Big Tech: nine-figure pay…
- Truth on the Market
Fit for Purpose, Unfit for Review: Why the DMA’s First Evaluation Could Never Find Failure
The first review of the Digital Markets Act (DMA) reads less like an evaluation than a wellness check performed by the patient’s proud parent. The pulse…
- Truth on the Market
Act First, Learn Later: AI Antitrust and the Error Costs of Regulation at Machine Speed
Competition enforcers appear to have discovered their own version of artificial intelligence: act first, learn later. In the span of a week, agencies across…
- Truth on the Market
California’s Other Wealth Tax
California is once again testing how much punishment capital will tolerate before it packs a bag. The state’s impending ballot proposition imposing a…
- Truth on the Market
If at First Consumers Don’t Switch, Regulate Again
Under the Digital Markets Act (DMA), consumers are apparently sovereign—right up until they choose the wrong thing.  When Mozilla reports that…
- Truth on the Market
Bolted to the Floor, Not Written in the Clouds
Europe wanted technological sovereignty. On June 12, it got a demonstration of technological dependence.  That day, the U.S. government cut non-Americans…
- Truth on the Market
Government by Raised Eyebrow: The JAWBONE Act and the Problem of Censorship by Proxy
The easiest way for the government to censor speech is not always to ban it. Sometimes, it is to find someone else with a hand on the switch.  That is the…
- Truth on the Market
Europe’s Cloudy Judgment
Europe wants to become an AI continent. Fair enough. But it will not get there by turning the cloud into a customs checkpoint. The European Commission’s…
- Truth on the Market
EU Digital Omnibus Hands the Wheel to the Referee
The Digital Omnibus was supposed to make European Union data law simpler, clearer, and less allergic to reality. Instead, the Council of the European Union…
- Truth on the Market
WarGames, Shopping Bots, and the Statute Trap: The CFAA and Amazon v Perplexity
When the 9th U.S. Circuit Court of Appeals hears oral argument later today in Amazon.com Services LLC v. Perplexity AI, Inc., it will confront a novel…
- Truth on the Market
Brussels’ AI Catch-22: Siri, Define ‘Choice’
Did Apple jump, or was it pushed? That is the question Brussels would rather not answer after Apple announced that its new Siri AI features will not ship on…
- Truth on the Market
Brussels Reboots Merger Control. Now Debug the Discretion.
European Union merger control is getting a software update. The question is whether the new code will make the system faster, smarter, and better at spotting…
- Truth on the Market
The FTC’s Robinson-Patman Hangover
There is no special virtue in seeing a bad case through to the bitter end. At some point, persistence looks less like principle and more like a sunk cost with…
- Truth on the Market
Paramount’s Mission: Impossible Antitrust Case
Hollywood loves a sequel, and the antitrust fight over Paramount Skydance’s proposed $110 billion acquisition of Warner Bros. Discovery (WBD) is becoming…
- Truth on the Market
The EU’s Bid to Nationalize Space
Europe’s latest space policy has a simple theory: To build a champion, you must first clear the field. The European Commission’s newly adopted…
- Truth on the Market
No Free Lunch at Linney’s Pizza
A pizza shop wants lower debit-card fees. Fair enough. But if it wins, the tab may not land where diners expect. It could reshape administrative law, narrow…
- Truth on the Market
The DMA Meets the Rule of Law
The European Union’s Digital Markets Act was built to move fast: designate gatekeepers, impose obligations, and reshape digital markets before the…
- Truth on the Market
Artificial Intelligence, Natural Ignorance
Everyone in Washington seems to agree that artificial intelligence must be governed. The only real dispute is who gets the steering wheel. Congress? Federal…
- Truth on the Market
The FTC’s Sunk-Cost Social Network
The first rule of holes is supposed to be: stop digging. The sunk-cost fallacy is realized when we keep digging anyway—and then call it resolve. …