The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

Eighth Circuit Affirms District Court Against FTC in Lundbeck

Here’s the decision; here is my prior post concerning the district court decision.  I suspect the FTC was fairly confident it would succeed in persuading the panel to reverse.  The appeal turns on whether the district court was clearly erroneous in ruling that the FTC had failed to properly define a relevant market, and in ... Eighth Circuit Affirms District Court Against FTC in Lundbeck

UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, could have the sale of its products enjoined in the UK unless it enters into ... UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Anticompetitive Regulations Highlighted in the 2016 Heritage Index of Economic Freedom (Also, the U.S. Continues to Slip)

The Heritage Foundation’s Index of Economic Freedom is an annual data compilation that provides an ordinal ranking of economic freedom in nations throughout the world, based on such country-specific measures of economic liberty as commitment to limited government, strong protection of private property, openness to global trade and financial flows, and sensible regulation. The 2016 ... Anticompetitive Regulations Highlighted in the 2016 Heritage Index of Economic Freedom (Also, the U.S. Continues to Slip)

Hedge Funds & The SEC

Thanks so much to my new colleagues at Truth on the Market for inviting me to join an impressive group of scholars on a blog I have followed for many years now. Chairman Frank of House Financial Services has an interesting thought on how to prevent the next financial crisis.  Let’s require hedge funds, along ... Hedge Funds & The SEC

Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration

On January 26 the Heritage Foundation hosted a one-day conference on “Antitrust Policy for a New Administration.”  Featured speakers included three former heads of the U.S. Department of Justice’s Antitrust Division (DOJ) (D.C. Circuit Senior Judge Douglas Ginsburg, James Rill, and Thomas Barnett) and a former Chairman of the U.S. Federal Trade Commission (FTC) (keynote ... Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration

Renee Newman Knake on Corporations, the Delivery of Legal Services, and the First Amendment Part I

Last month the New York Times ran an editorial with the headline “Addressing the Justice Gap,” observing that “the poor need representation and thousands of law graduates need work.”  The piece proposed several solutions, but notably absent was the reform most likely to deliver legal services to those in need and to create jobs for ... Renee Newman Knake on Corporations, the Delivery of Legal Services, and the First Amendment Part I

Regulating Interchange Fees will Promote Term Repricing that will be Harmful to Consumers and Competition

Although the mechanisms vary, legislation pending before Congress on interchange has a basic central purpose—to reduce interchange fees, either indirectly or directly.  If adopted, these efforts will likely succeed in their intended goal of reducing interchange fees.  But they will also likely have substantial unintended consequences that will prove harmful to consumers and competition and ... Regulating Interchange Fees will Promote Term Repricing that will be Harmful to Consumers and Competition

Hans Bader on Abolish Law School Requirement, Keep the Bar Exam?

Lawyer licensing should not be completely abolished, but it should be made radically easier and cheaper by abolishing the requirement that lawyers attend law school to sit for the bar exam, and by only requiring passage of the bar exam for those who handle court cases.  Legal redress should also be made easier by allowing ... Hans Bader on Abolish Law School Requirement, Keep the Bar Exam?

The Federal Reserve Under Attack

The WSJ describes how Chairman Bernanke is going on the offensive in advance of his confirmation hearings, using them as an opportunity to oppose those elements of the Dodd Bill that would strip the Fed of some of its powers.  However you feel about the policy debate, you’ve got to give him some credit for ... The Federal Reserve Under Attack

Small business, partnership law and software

Two partners form a business in 1995 for providing dial up internet service to rural Wisconsin.  Their relationship deteriorates and in 1999 one (Bushard) withdraws, writing a letter expressly dissolving the partnership.  (The letter presciently noted that “this is an optimal time for selling the business at maximum value.” Indeed, a firm had expressed a ... Small business, partnership law and software

The problem of the corporate tax

John Steele Gordon, writing in the WSJ, peels the corporate veil away from Warren Buffett’s tax situation: Warren Buffett recently claimed that he had paid only $6.9 million in taxes last year. But Berkshire Hathaway, of which Mr. Buffett owns 30%, paid $5.6 billion in corporate income taxes. Were Berkshire Hathaway a Subchapter S corporation ... The problem of the corporate tax

I, For One, Welcome Our New FTC Overlords

In this post—the last planned post for this symposium on The FTC’s New Normal (though we will continue to accept unsolicited submissions of responses)—I will offer some summary of the ideas that have been shared here over the past month, before turning to some of my own thoughts. To keep your attention rapt, I will ... I, For One, Welcome Our New FTC Overlords