Nikolas Guggenberger
nikenberger.bsky.social
Nikolas Guggenberger
@nikenberger.bsky.social
Asst Prof, University of Houston Law Center
Spoke with Rachel Barber of @usatoday.com about potential tariffs on iPhones.

www.usatoday.com/story/money/...
May 26, 2025 at 1:36 AM
April 17, 2025 at 2:52 PM
Published: Consent as Friction.

Data consent is more than a tool to facilitate choice. It can be a source of friction--like sand in the gears of algorithmic engines--to undermine the economic viability of harmful business practices. Regulators should use it as such.

papers.ssrn.com/sol3/papers....
March 6, 2025 at 4:53 PM
Among remaining FDP voters, the support for a coalition with the AfD was largest among the traditional parties.
February 24, 2025 at 4:06 PM
Overlooked aspect of the German elections that should update everyone's perceptions of the FDP (traditionally pro-business, classic liberal party): 20% of its 2021 electorate migrated to the AfD.

And that is after the FDP's embrace of Musk/Milei-light and its pivot to the manosphere.
February 24, 2025 at 4:06 PM
The analogy to other distinctions based on the illegality of conduct is so absurd because the newborn (the one obtaining citizenship!) did nothing illegal. Or do we want to blame the fetus for crossing the border in the womb?
January 28, 2025 at 2:48 PM
If a platform's content moderation policy makes it into a Presidential Farewell Address, the platform is too big.

Just published in @theprospect.bsky.social earlier today (w/@fprocaccini.bsky.social):

prospect.org/power/2025-0...
January 16, 2025 at 1:47 AM
Zuckerberg proves Meta is too big. No single monopoly should dictate what speech is permissible.

Only pluralism is compatible with democracy—and only pluralism can lower the stakes of content moderation.

@fprocaccini.bsky.social & I via @theprospect.bsky.social.

prospect.org/power/2025-0...
January 15, 2025 at 5:12 PM
Seems relevant.
December 31, 2024 at 8:48 PM
With all the revisions, the unemployment rate is close to historic. You can't seriously be suggesting that unemployment is an irrelevant metric of econ. That's what was bad about the 08-14 recovery.

Fed jobs increased in absolute numbers. But, population increased more -> relative decline.
December 17, 2024 at 5:04 PM
The US economy (as measured by GDP) has developed much better than peer countries over the last few years. But maybe the problem is that we focus too much on "specific" economic data.
December 17, 2024 at 3:56 PM
"The best minds of my generation are thinking about how to make people click ads."

Only thing that changes is the company's name.
December 2, 2024 at 8:44 PM
Some highlights from DOJ's proposed final judgment: stop paying Apple to make Foot the default search engine, divest any investment in AI Products, & divest Chrome!
November 21, 2024 at 4:00 AM
📢 Consent as Friction, forthcoming in B.C. L. Rev.

Informed consent inserts significant friction into online surveillance, potentially ending personalized advertising. Embracing this friction offers a pragmatic regulatory alternative to notions of data control.

ssrn.com/abstract=493...
August 27, 2024 at 4:51 PM
The monopsony nightmare, Florida edition: trapped in the Villages!

Federal judge blocks FTC's non-compete ban from applying to real estate firm in The Villages.
August 16, 2024 at 4:07 PM
Wrote about striking similarities between the US filibuster and the German balanced budget amendment.

TLDR: both similarly undermine democratic governance with catastrophic consequences for the very values they purportedly protect.

Via @verfassungsblog.de: verfassungsblog.de/germanys-fil...
July 16, 2024 at 5:02 PM
Glorifying small business is one of the most successful reactionary myths.

Great piece by @jbouie.

www.nytimes.com/2024/04/23/o...
April 23, 2024 at 4:28 PM
Bloomberg's take on the FTC's lawsuit against Amazon is comically bad.

Whatever you think about the merits, the FTC is certainly not "wielding fringe theories." To the contrary, the lawsuit's theory is as plain vanilla as it gets.
October 3, 2023 at 3:50 PM
My latest: Moderating Monopolies. TLDR: Industrial organization and content moderation are inextricably linked: monopolized but unregulated communication infrastructure deteriorates public discourse. papers.ssrn.com/sol3/papers....
September 18, 2023 at 9:55 PM
This is bad... Especially where time is of the essence. #antitrust
August 9, 2023 at 5:08 PM
Such disingenuous framing.

Next up: regulate running, because joggers increasingly scratch cars' expensive paint as they collide
July 29, 2023 at 11:18 PM
I just don't get why we think it's a good idea to pay teachers that little
July 14, 2023 at 5:27 PM
Angry about #SCOTUS? Blame Congress!

Francesca Procaccini and I wrote about how Congressional underreach enables Court overreach. To fix the Court, fix Congress first.

Via @latimes.com: https://www.latimes.com/opinion/story/2023-07-05/supreme-court-decisions-congress-reform
July 5, 2023 at 7:41 PM