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Showing results for:  “digital markets act”

Tech Expertise in Congress, Additional Thoughts

I’m of two minds on the issue of tech expertise in Congress. Yes there is good evidence that members of Congress and Congressional staff don’t have broad technical expertise. Scholars Zach Graves and Kevin Kosar have detailed these problems, as well as Travis Moore who wrote, “Of the 3,500 legislative staff on the Hill, I’ve ... Tech Expertise in Congress, Additional Thoughts

The Demarcus Cousins Saga Ends

We’ve been following the Demarcus Cousins saga. For those who haven’t, Cousins is a blue chip high school basketball recruit who has been bargaining hard with the University of Alabama-Birmingham (UAB) over signing his National Letter of Intent — the letter that commits a player to attend the university and imposes the penalty of giving ... The Demarcus Cousins Saga Ends

Reducing Duplicative Patent Challenges in the Drug Industry

On March 14, the Federal Circuit will hear oral arguments in the case of BTG International v. Amneal Pharmaceuticals that could dramatically influence the future of duplicative patent litigation in the pharmaceutical industry.  The court will determine whether the America Invents Act (AIA) bars patent challengers that succeed in invalidating patents in inter partes review ... Reducing Duplicative Patent Challenges in the Drug Industry

Buyback Backlash: Is the Ban Non-binding?

[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Eric Fruits, (Chief Economist, International Center for Law & Economics).] The Wall Street Journal reports congressional leaders have agreed to ... Buyback Backlash: Is the Ban Non-binding?

Amazon’s tightrope: Balancing Innovation and competition on Amazon’s Marketplace

The Wall Street Journal reports that Amazon employees have been using data from individual sellers to identify products to compete with with its own ‘private label’ (or own-brand) products, such as AmazonBasics, Presto!, and Pinzon. It’s implausible that this is an antitrust problem, as some have suggested. It’s extremely common for retailers to sell their ... Amazon’s tightrope: Balancing Innovation and competition on Amazon’s Marketplace

Expanding Insurance Coverage Is Not the Way to Reduce Health Care Costs

As his Council of Economic Advisers made clear in its recent health care report, President Obama sees two primary goals for his health care reform efforts: to slow the growth of health care costs and to expand coverage of health insurance. It’s pretty clear, though, which of these goals is steering the ship. While the ... Expanding Insurance Coverage Is Not the Way to Reduce Health Care Costs

Antitrust & Private Equity

WSJ Deal Journal reports some important movement on the antitrust and private equity front.  Specifically, Judge Richard Jones (W.D. Washington) granted the defendants’ motion to dismiss in Pennsylvania Avenue Funds v. Borey, dismissing the plaintiffs’ allegations that two private equity firms had violated the Sherman Act by bidding jointly on the target company (Watchguard Technologies) ... Antitrust & Private Equity

The Future of Law and Economics Part 5: A Reply From Henry Manne

I’ve had a wonderful time writing this series on the future of law and economics. When I started the series (Part I, Part II, Part III, and Part IV), I thought it would be a fun thought experiment for me to think through aloud and hopefully start a valuable conversation. By that measure, it has ... The Future of Law and Economics Part 5: A Reply From Henry Manne

FCC Bans Exclusive Contracts In Apartment Buildings

From the NY Times: Federal regulators on Wednesday approved a rule that would ban exclusive agreements that cable television operators have with apartment buildings, opening up competition for other video providers that could eventually lead to lower prices. The Federal Communications Commission unanimously approved the change, which Chairman Kevin Martin said would help lower cable ... FCC Bans Exclusive Contracts In Apartment Buildings

An Inconvenient Truth: Net Neutrality Depresses Broadband Investment

It happens at just about every hootenanny. There’s always at least one song that clears the dance floor. Some tunes, people just won’t dance to. But with a little remixing and a better tempo, even a dirge can be danceable. For years, the Federal Communications Commission (FCC) has refused to dance to the tune of ... An Inconvenient Truth: Net Neutrality Depresses Broadband Investment

Three Problems with Accelerated Access: Will They Be Overcome?

This post discusses three important problems with the Food and Drug Administration’s (FDA) accelerated-approval process. The first is that regulatory authorities and patient groups maintain that, legally, the standards of accelerated approval are the same as standard approval. Yet from a risk perspective, the standards are quite different; by shifting risk taking from regulator to ... Three Problems with Accelerated Access: Will They Be Overcome?

Merger Agreements, “Material Adverse Changes,” and Delaware Vice Chancellor Leo Strine’s Obsession With Keira Knightley

I am blogging today from the Tulane Corporate Law Institute, here in New Orleans, at the stunning Westin Hotel. I am set to appear on the Private Equity panel tomorrow, where I will talk about, among other things, the implications of 2007’s string of failed private equity deals.  In preparation for this conference, I drafted a ... Merger Agreements, “Material Adverse Changes,” and Delaware Vice Chancellor Leo Strine’s Obsession With Keira Knightley