Showing results for: “digital markets act”
The Case Against Antitrust Challenges to Standard Essential Patent “Abuses” Intensifies – Will DOJ and the FTC Finally Get the Message?
Applying antitrust law to combat “hold-up” attempts (involving demands for “anticompetitively excessive” royalties) or injunctive actions brought by standard essential patent (SEP) owners is inherently problematic, as explained by multiple scholars (see here and here, for example). Disputes regarding compensation to SEP holders are better handled in patent infringement and breach of contract lawsuits, and ... The Case Against Antitrust Challenges to Standard Essential Patent “Abuses” Intensifies – Will DOJ and the FTC Finally Get the Message?
A Measured Approach to Patent Reform Legislation
Patent reform legislation is under serious consideration by the Senate and House of Representatives, a mere four years after the America Invents Act of 2011 (AIA) brought about a major overhaul of United States patent law. A primary goal of current legislative efforts is the reining in of “patent trolls” (also called “patent assertion entities”), ... A Measured Approach to Patent Reform Legislation
The optimal level of risk is not zero
I have said it before and I’ll say it again: All of this hand wringing over executive compensation seems to exist in a parallel world where corporate executives have no risk aversion, where there is no real competition for managerial talent, and where firms can only take on too much–never too little–risk. And this in ... The optimal level of risk is not zero
FTC Rulemaking Under UMC Could Mean Return of the National Nanny
The Federal Trade Commission (FTC) has been in the antitrust-enforcement business for more than 100 years. Its new leadership is considering some of the biggest changes ever in its enforcement methods. Instead of a detailed analysis of each case on its own merits, some FTC leaders now want its unelected bureaucrats to write competition rules ... FTC Rulemaking Under UMC Could Mean Return of the National Nanny
Calling into Question the FTC’s Theory of the Case in FTC v. Qualcomm
This post does not attempt to answer the question of what the court should decide in FTC v. Qualcomm because we do not have access to the information that would allow us to make such a determination. Rather, we focus on economic issues confronting the court by drawing heavily from our writings in this area: ... Calling into Question the FTC’s Theory of the Case in FTC v. Qualcomm
A questionable criticism of “alternative” entities
Steve Bainbridge invites my opinion of Delaware lawyer Edward McNally’s view that alternative entities “may not protect investors.” By “alternative entities” he is referring to limited liability companies and limited partnerships, despite his own recognition that they “have become the preferred form of entity for new businesses” (so why aren’t corporations “alternative entities”)? He uses ... A questionable criticism of “alternative” entities
The Girl Scouts and Section 5
It turns out that the Girl Scouts price discriminate, i.e. they charge different prices for the same product in different parts of the country (HT: Knowledge Problem). Rumor has it that demand for Thin Mints varies by region. While the Girl Scouts concede that the introduction of the price discrimination scheme results, when coupled with ... The Girl Scouts and Section 5
Epstein, Kieff & Spulber Eviscerate the FTC’s Proposal on Regulating SSOs
In a thorough and convincing paper, “The FTC’s Proposal for Regulating IP through SSOs Would Replace Private Coordination with Government Hold-Up,” Richard Epstein, Scott Kieff and Dan Spulber assess and then decimate the FTC’s proposal on patent notice and remedies, “The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition.” Note Epstein, Kieff and ... Epstein, Kieff & Spulber Eviscerate the FTC’s Proposal on Regulating SSOs
New York and the market for marriage law
NY’s decision to fully legalize same sex marriage (here’s a useful news roundup) can be seen among many other things as a demonstration of legal evolution in our federal system. For some background on marriage and the market for law see Buckley and Ribstein (published 2001 Illinois Law Review 561), Ribstein 2005, and O’Hara & ... New York and the market for marriage law
Vapor products, smoking, and harm reduction policies: Recent blog posts
Over the past few weeks, Truth on the Market has had several posts related to harm reduction policies, with a focus on tobacco, e-cigarettes, and other vapor products: Vapor products, harm reduction, and taxation: More questions than answers for a young and dynamic product market Applying harm reduction to smoking The political economy of vaping ... Vapor products, smoking, and harm reduction policies: Recent blog posts
Rationally Defeating Cronyism in the Boston TNC Suit
On March 31, a federal judge gave the city of Boston six months to rectify the disparities between the way it treats Transportation Network Companies (“TNC”) (such as Uber and Lyft) and taxicab companies. This comes pursuant to an order by US District Court Judge Nathaniel M. Gorton in a suit filed by members of ... Rationally Defeating Cronyism in the Boston TNC Suit
Should the SEC regulate corporate political speech?
Ten leading corporate and securities law professors have petitioned the SEC to develop rules to require companies to disclose their political spending. This is the latest iteration of efforts to end-run Citizens United’s restrictions on regulating corporate campaign activities by calling it corporate governance regulation. See my recent post on the Shareholder Protection Act. I’ve written ... Should the SEC regulate corporate political speech?
