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Full-Text Articles in Law

Cookies, Pop-Ups And Commercials: How Tech Companies' Privacy Promises Are Preserving Their Data Dominance, Cailley Lapara Dec 2022

Cookies, Pop-Ups And Commercials: How Tech Companies' Privacy Promises Are Preserving Their Data Dominance, Cailley Lapara

Capstones

As antitrust sentiment focused on Big Tech from regulators and consumers grows, companies like Google and Apple and more have announced plans to move away from the behavioral ad business model that brought the companies to the size they are today. This trend is marketed to customers as a way to address their growing concerns over privacy and data collection. It also comes as the companies face sweeping antitrust litigation and legislation that would break up the firms. But the companies' claims of moving towards privacy are sketchy at best, and appear to serve as a way for the companies …


Ftc V. Qualcomm And The Need To Reboot Antitrust Goals, Beatriz Del Chiaro Da Rosa May 2022

Ftc V. Qualcomm And The Need To Reboot Antitrust Goals, Beatriz Del Chiaro Da Rosa

University of Miami Business Law Review

The antitrust community is facing a demanding question: Is antitrust enforcement ultimately about protecting consumers, competition, or both? This question has sparked debates about the ultimate goals of antitrust law. On one side of the debate, supporters of the consumer welfare standard; and on the other side, supporters of the Neo-Brandeisian standard of enforcement. At this crucial time in the debate of overarching antitrust goals, the Ninth Circuit’s holding in Federal Trade Commission v. Qualcomm Incorporated, one of the most important antitrust cases in the twenty-first century, poses many issues for the consumer welfare standard and antitrust enforcement in the …


Developments In The Laws Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner Jan 2022

Developments In The Laws Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner

Articles by Maurer Faculty

The past year proved to be a busy period for the regulation of electronic payments and financial services. In this year’s survey, we discuss rulemakings, enforcement actions, and other litigation that has significantly impacted the law governing payments and financial services. Part II addresses the ongoing fight between federal and state authorities over which should properly regulate Fin- Tech entities and describes some new steps the Office of the Comptroller of the Currency (“OCC”) has taken to assert its authority in this area. Part III details an enforcement action that California regulators took against a FinTech company they determined had …