Tag: Digital Economy
TechREG Chronicle® – Dark Patterns
Dear Readers,
The term “dark patterns,” though it may conjure up images of spycraft (or even black magic) refers to user interface (“UI”) design techniques...
Drawing Lines Around Dark Patterns
The practice of nudging consumers toward particular choices is nothing new. We have all experienced the allure of picking up a sweet treat along...
Dark Patterns Defined: Examining FTC Enforcement and Developing Best Practices
The Federal Trade Commission is ramping up its enforcement of so-called dark patterns, with $350 million in settlements announced in late 2022. Many businesses...
Dark Patterns: Protecting Consumers Without Hindering Innovation
There is a widespread consensus that design practices involving psychological manipulation and deceit should be banned. However, when it comes to defining the concept...
Dark Patterns and Manipulation
The term “dark patterns” became popular and has gained much attention from both enforcers and academics. It connects strictly to behavioral studies and the...
Uncloaking Dark Patterns: Identifying, Avoiding, and Minimizing Legal Risk
Regulators have long targeted deceptive and misleading practices designed to manipulate consumers, including more recently “dark patterns.” Dark patterns are misleading or otherwise manipulative...
Tackling Dark Patterns: How to Reasonably Prevent Consumer Manipulation and Competition...
Deceptive and manipulative choice architectures have received significant coverage in the academic literature. These dark patterns can be nudges leading individuals to act against...
Dispelling Myths: The Essential Facilities Doctrine in the Digital Economy
The essential facilities doctrine is back. Yet, despite its recent endorsements, the doctrine’s criticisms linger. They range from allegations that monopolies lack incentives to...
The Essential Facilities Doctrine: From Locomotives to Search Engines
The Essential Facilities doctrine began as an effort to balance the efficiency of asset-sharing against the need to promote competition. In practice, however, judges...
A Reflection on China’s AML Enforcement Re Concentrations of Undertakings in...
China’s application of competition law in the digital economy in the past three years has attracted attention worldwide. One significant reason is because of...
