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

Showing results for:  “digital markets act”

Do biased stats provide bogus economics? A primer on publication bias and power

If you do research involving statistical analysis, you’ve heard of John Ioannidis. If you haven’t heard of him, you will. He’s gone after the fields of medicine, psychology, and economics. He may be coming for your field next. Ioannidis is after bias in research. He is perhaps best known for a 2005 paper “Why Most ... Do biased stats provide bogus economics? A primer on publication bias and power

Supreme Court Turns Again to Patent Cases, Against the Backdrop of a Decline in American Patent Protection that Threatens Future U.S. Innovation and International Competitiveness

On November 27, the U.S. Supreme Court will turn once again to patent law, hearing cases addressing the constitutionality of Patent Trial and Appeal Board (PTAB) “inter partes” review (Oil States Energy v. Greene), and whether PTAB must issue a final written decision as to every claim challenged by the petitioner in an inter partes ... Supreme Court Turns Again to Patent Cases, Against the Backdrop of a Decline in American Patent Protection that Threatens Future U.S. Innovation and International Competitiveness

Good Stuff (Including Josh Wright) on Intel in Today’s WSJ

Our own Josh Wright is quoted in the lead article in today’s Wall Street Journal. Josh opines that the European Union’s record $1.45 billion fine against Intel for lowering its prices on granting “exclusionary” rebates on microprocessors means that FTC action against Intel is “much more likely than it was two weeks ago.” And what ... Good Stuff (Including Josh Wright) on Intel in Today’s WSJ

Abandon Title II, Return to Antitrust

Just in time for tomorrow’s FCC vote on repeal of its order classifying Internet Service Providers as common carriers, the St. Louis Post-Dispatch has published my op-ed entitled The FCC Should Abandon Title II and Return to Antitrust. Here’s the full text: The Federal Communications Commission (FCC) will soon vote on whether to repeal an ... Abandon Title II, Return to Antitrust

Section 2 Symposium: Howard Marvel on Safe Harbors for Short Term Exclusive Dealing Contracts

Exclusive dealing prevents the bait-and-switch behavior by dealers who convert customers drawn by one brand to the products of its rivals. Despite the red flag of “exclusive” in its title, the practice is ordinarily uncontroversial, indeed innocuous. Automobile manufacturers often pay incentives to encourage dealers to deal exclusively in their vehicles. Business format franchising ensures ... Section 2 Symposium: Howard Marvel on Safe Harbors for Short Term Exclusive Dealing Contracts

Section 2 Symposium: Bill Page on Microsoft and the DOJ’s General Standards of Exclusion

The DOJ’s § 2 Report offers two recommendations under the heading of “General Standards for Exclusionary Conduct.” First, for evaluating alleged acts of exclusion, the Report endorses the burden-shifting framework of the D.C. Circuit’s 2001 Microsoft decision. Second, after canvassing various standards of anticompetitive effect, the Report settles on the “disproportionality test,” under which “conduct ... Section 2 Symposium: Bill Page on Microsoft and the DOJ’s General Standards of Exclusion

Section 2 Symposium: Bill Page on Microsoft’s ‘Forward-Looking’ Monopolization Remedy

The DOJ’s Section 2 Report speaks in general terms about the costs and benefits of various remedies for monopolization. It prefers “prohibitory” remedies, but holds open the possibility of “additional relief,” including “affirmative-obligation remedies. The Report specifically mentions the protocol-licensing requirement of the Microsoft final judgments (§ III.E, entered in November 2002) as an example ... Section 2 Symposium: Bill Page on Microsoft’s ‘Forward-Looking’ Monopolization Remedy

Foreign Export Cartels, Comity, and the Separation of Powers

Over the last two decades, the United States government has taken the lead in convincing jurisdictions around the world to outlaw “hard core” cartel conduct.  Such cartel activity reduces economic welfare by artificially fixing prices and reducing the output of affected goods and services.  At the same, the United States has acted to promote international ... Foreign Export Cartels, Comity, and the Separation of Powers

We need leaders that embrace complexity, not dumb it down

In a recent NY Times opinion piece, Tim Wu, like Elizabeth Holmes, lionizes Steve Jobs. Like Jobs with the iPod and iPhone, and Holmes with the Theranos Edison machine, Wu tells us we must simplify the public’s experience of complex policy into a simple box with an intuitive interface. In this spirit he argues that ... We need leaders that embrace complexity, not dumb it down

Section 2 Symposium: Tad Lipsky on Framing the Debate

When the Justice Department issued its Unilateral Conduct Report last September, it became an instant sensation not primarily because of its content, but because of a strident public critique issued by three FTC Commissioners, including now-Chairman Leibowitz. The three (Harbour, Leibowitz and Rosch, hereinafter “HLR”) accused the Antitrust Division of placing “a thumb on the ... Section 2 Symposium: Tad Lipsky on Framing the Debate

Section 2 Symposium: Alden Abbott on the View from Within the FTC

Much ink has been spilled concerning the policy split revealed by the Justice Department’s September 2008 Report on Single Firm Conduct (“SFC”) and the Federal Trade Commission’s swift and rather critical rejoinder (issued by three of the four FTC Commissioners). (By “SFC” I refer to actions taken by a “dominant” firm or by an actual ... Section 2 Symposium: Alden Abbott on the View from Within the FTC

Increased e-cigarette regulation increases barriers to health

The Food and Drug Administration has spoken, and its words have, once again, ruffled many feathers. Coinciding with the deadline for companies to lay out their plans to prevent youth access to e-cigarettes, the agency has announced new regulatory strategies that are sure to not only make it more difficult for young people to access ... Increased e-cigarette regulation increases barriers to health