Showing results for: “digital markets act”
The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
About a month ago, I was asked by some friends about the shift from the first-to-invent patent system to a first-to-file patent system in the America Invents Act of 2011 (AIA). I was involved briefly in the policy debates in the spring of 2011 leading up to the enactment of the AIA, and so this ... The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
Why (Ever) Define Markets?
The titular question is posed by Louis Kaplow (Harvard) in a recent piece in the Harvard Law Review that I suspect will attract a fair amount of attention. I may have more to say about this later, but for now, here is the abstract: Competition law is dominated by the market definition / market share ... Why (Ever) Define Markets?
Understanding innovation markets in antitrust analysis
Today, three of the largest proposed mergers — Bayer/Monsanto, Dow/Dupont, and ChemChina/Syngenta — face scrutiny in both the U.S. and Europe over concerns that the mergers will slow innovation in crop biotechnology and crop protection. The incorporation of innovation effects in the antitrust analysis of these agricultural/biotech mergers is quickly becoming more mainstream in both the U.S. ... Understanding innovation markets in antitrust analysis
Wright & Zywicki on the Consumer Financial Protection Agency Act of 2009
I noted last week that my colleague (and Volokh Conspirator) Todd Zywicki and I had written an essay, published in a Fin Reg 21 Symposium on the Consumer Financial Protection Agency Act of 2009, on “Three Problematic Truths About the Consumer Financial Protection Agency Act of 2009.” The essay is now available on SSRN for ... Wright & Zywicki on the Consumer Financial Protection Agency Act of 2009
Cooper and Wright Working Paper Cited in Congressional CARE Act Hearing
I’ve mentioned the CARE Act previously (here and here). On Wednesday, the House Committee on Courts and Competition held a hearing on the revised CARE Act — which would effectively immunize a host of anticompetitive state alcohol regulations from challenge. The policy tradeoffs here are that the higher prices and reduced consumption associated with competitive ... Cooper and Wright Working Paper Cited in Congressional CARE Act Hearing
How the Employer Mandate Delay Thwarts the ACA’s Insurance Exchanges and Ignores the Main Problem With the Act’s Mandate/Subsidy Scheme
Has a piece of legislation ever been subject to as much cynicism-inspiring manipulation as the Affordable Care Act? It was rammed through Congress, on a totally partisan basis, via an unprecedented use of the reconciliation process. Its passage required blatant vote-buying with such unjust goodies as the Cornhusker Kickback and the Louisiana Purchase. Its proponents ... How the Employer Mandate Delay Thwarts the ACA’s Insurance Exchanges and Ignores the Main Problem With the Act’s Mandate/Subsidy Scheme
Bill Henderson Responds: The Empirics of Affirmative Action, Part II
A few days ago I asked about where we stand on the empirics of affirmative action, and more specifically, Richard Sander’s well known result that affirmative action at law schools harms blacks. I even called out folks who had been following the debate more closely: I am really looking for empirical answers from folks that ... Bill Henderson Responds: The Empirics of Affirmative Action, Part II
Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute
Public policies that rely on free-market forces and avoid government interventions that distort terms of international trade benefit producers, consumers, and national economies alike. The full benefits of international trade will not be realized, however, if sales and purchase decisions are distorted by anticompetitive behavior or other illegitimate commercial conduct (such as theft, fraud, or ... Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute
A Win for Free Speech: Federal Circuit Holds (part of) §2(a) of the Lanham Act Unconstitutional
It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys. The Federal Circuit handed down a victory for free expression today — in the commercial context no less. At issue was the Lanham Act’s § 2(a) prohibition of trademark registrations that ... A Win for Free Speech: Federal Circuit Holds (part of) §2(a) of the Lanham Act Unconstitutional
Ted Frank, class action crusader
Today’s WSJ has a great article about class action crusader Ted Frank, who is (1) out to kill class actions or (2) make them fairer by getting better settlements for plaintiffs (and worse for their lawyers), depending on whether you believe Ted or those whose oxen he has gored (class action lawyers). I believe Ted. For ... Ted Frank, class action crusader
The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry
Last week, Senator Orrin Hatch, Senator Thom Tillis, and Representative Bill Flores introduced the Hatch-Waxman Integrity Act of 2018 (HWIA) in both the Senate and the House of Representatives. If enacted, the HWIA would help to ensure that the unbalanced inter partes review (IPR) process does not stifle innovation in the drug industry and jeopardize ... The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry
Where’s the Evidence? Do Employers React to Grade Inflation?
All the rage around the law blogs this week is the question of whether law schools should be engaging in grade inflation. The issue arises from time to time. The NYT kicked off the discussion most recently with its story on the (gasp) retroactively applied bump given to Loyola LA law students. You can’t miss ... Where’s the Evidence? Do Employers React to Grade Inflation?
