The Archives

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

Showing results for:  “digital markets act”

Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries

Over at the Center for the Protection of Intellectual Property (CPIP), Mark Schultz has an important blog posting on the Mercatus Center‘s recent launch of its new copyright piracy website, piracydata.org.  The launch of this website has caused a bit of a tempest in a teapot with a positive report on it in the Washington Post ... Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries

More on JD/PhD's in Law and Economics

My colleage Francesco Parisi has chimed in on Vandy’s new law and economics program in the Chronicle of Higher Education. Though I cannot click through to the actual article in the Chronicle, Francesco notes that GMU has long had a “Law and Economics” Ph.D. program, offering six different degrees in law and economics (as opposed ... More on JD/PhD's in Law and Economics

In Cuozzo Speed Technologies v. Lee, Supreme Court Will Have the Chance to Clarify that Patents are not Second Class Property Rights

On January 15, the Supreme Court agreed to review the Federal Circuit’s decision in Cuozzo Speed Technologies v. Lee, a case that raises the question of whether patent rights, once issued initially by the U.S. Patent and Trademark Patent Office (PTO), are to be treated as fully legitimate interests or instead as “second class citizens” ... In Cuozzo Speed Technologies v. Lee, Supreme Court Will Have the Chance to Clarify that Patents are not Second Class Property Rights

Rounding Out the Roundup

In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the Supreme Court’s Loper Bright decision. I thought the rule infirm to begin with—a somewhat foolish swing for the fences on a regulation that the FTC couldn’t possibly enforce. ... Rounding Out the Roundup

Hewlett Packard, if you can’t say anything nice (or true). . . .

Fox news reports today that the shareholder lawsuit regarding what can best be referred to as “the Hewlett Packard Fiasco†was amended yesterday to include claims of insider trading.  It seems that at least eight HP executives, including incumbent CEO Mark Hurd, are alleged to have traded in HP securities in the two weeks prior ... Hewlett Packard, if you can’t say anything nice (or true). . . .

Voting Now Open for 2016 Concurrences Writing Awards

I urge Truth on the Market readers to signal their preferences and help select the 2016 antitrust writing awards bestowed by the prestigious competition law and policy journal, Concurrences.  (See here for the 2015 winners.) Readers and a Steering Committee vote for their favorite articles among those nominated, which results in a short list of ... Voting Now Open for 2016 Concurrences Writing Awards

The year ahead in drug pricing.

Last week, several major drug makers marked the new year by announcing annual increases on list prices.  In addition to drug maker Allergan—which pledged last year to confine price increases below 10 percent and, true to its word, reported 2018 price increases of 9.5 percent—several other companies also stuck to single-digit increases.   Although list or “sticker” ... The year ahead in drug pricing.

LLCs are not corporations

Nor are they the redundant fictional entity, “limited liability corporations.” This is a lesson that courts and commentators are finally, slowly, learning.  I highlighted this point last fall in discussing CML V, LLC v. Bax, 6 A.3d 238 (Del. Ch. Nov. 3, 2010), where VC Laster denied a creditor standing to sue derivatively for an LLC, ... LLCs are not corporations

The Whole Wide World of Government

First, a bit of self-promotion: the International Center for Law & Economics (ICLE) hosted an excellent panel discussion Feb. 26 on the 2023 merger guidelines. I moderated, but the real attractions were the panelists: Maureen Ohlhausen, Noah Phillips, Bruce Kobayashi, Diana Moss, and Kristen Limarzi. The room was packed, as it should have been. Video ... The Whole Wide World of Government

Tips for Law Student Judicial Interns

Orin Kerr: If you’re a law student who is interning for a judge this summer, here’s my advice (beyond the usual advice of working hard, being professional, etc.): 1) Be incredibly nice to the secretaries. You might think judges run judicial chambers. For the most part, though, they don’t: Judges’ secretaries run judicial chambers. Judges ... Tips for Law Student Judicial Interns

Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple

Try as one may, it is hard to find an easier antitrust case than United States v. Apple. Consider: The six leading publishers all wanted to prevent Amazon and others from offering best seller e-books at $9.99 (or other similar low prices). The problem, however, was that they had no mechanism for accomplishing that result. Then ... Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple

The Revelations of GM’s Anti-Tesla Letter

As Geoff posted yesterday, a group of 72 distinguished economists and law professors from across the political spectrum released a letter to Chris Christie pointing out the absurdities of New Jersey’s direct distribution ban. I’m heartened that both Governor Christie and his potential rival for the 2016 Republican nomination, Texas Governor Rick Perry, have made statements, ... The Revelations of GM’s Anti-Tesla Letter