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Joel Thayer

Joel Thayer focuses his law practice on telecommunications, regulatory, and transactional matters, as well as privacy and cybersecurity issues. He has represented clients in front of myriad legal and regulatory fora, including the Federal Communications Commission, Federal Trade Commission, and federal administrative agencies.
Articles by Joel Thayer

Antitrust in the Digital Age: A Tale of Two Agencies

In short, if we have learned anything from the competing antitrust approaches of the Biden administration, it appears that an expanded consumer welfare standard, incorporating non-priced harms, is likely to win out. Neo-Brandeisian critiques may be more theoretically exciting for some antitrust advocates, and perhaps have helped to raise public awareness. The FTC has also taken meaningful action in other areas, such as recently banning noncompete agreements. But the DOJ’s en­hanced consumer welfare approach seems poised to deliver more con­crete successes in addressing concentration in Big Tech and beyond…

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What Big Tech’s Response to Russia Really Tells Us

The Russian invasion of Ukraine has revived discussions of the foreign policy significance of the U.S. tech industry. Companies like Apple, Google, Twitter, Amazon, and Meta have either threatened to shut down or have entirely shut down services in Russia. While immediate reactions have celebrated these companies for taking an active role in condemning the…

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