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

Showing results for:  “digital markets act”

P.J. Hill — Teacher, Scholar, Mentor

My first economics professor, P.J. Hill, is retiring tomorrow after forty or so years of teaching at Wheaton College.  I wanted to take a few minutes to publicly thank him for all he did for me and for the thousands of other students who had the great fortune to sit at his feet in Wheaton’s Blanchard Hall. I ... P.J. Hill — Teacher, Scholar, Mentor

The state law claim against Sokol

Steve Bainbridge discusses a Delaware chancery suit by a Berkshire-Hathaway shareholder against former B-H executive David Sokol for profits he earned by buying Lubrizol stock ahead of his former employer. Steve analyzes state law, concluding I am unaware of any Delaware precedent holding that a state law cause of action for breach of fiduciary duty ... The state law claim against Sokol

Judge Mehta Got It Wrong in the Google Case

U.S. District Court Judge Amit Mehta ruled in an Aug. 5 order that Google violated antitrust law by improperly maintaining a monopoly. The case focused on “general search engines” (GSEs) used for internet search, and the impropriety was the manner through which Google secured distribution in partnering with internet-browser developers, mobile-device manufacturers, and wireless carriers. ... Judge Mehta Got It Wrong in the Google Case

Medical Devices

The GAO has recently issued a report on medical devices.  The thrust of the report is that “high-risk” medical devices do not receive enough scrutiny from the FDA and that recalls are not handled well.  This report and other evidence indicates that the FDA is likely to require more testing of devices.  As of now, ... Medical Devices

An Antitrust Modernization Committee Update

For those of you who are not familiar with work of the Antitrust Modernization Committee, and I suspect that this includes most of our readers, the AMC was created by the Antitrust Modernization Committee Act of 2002, and is charged with the following tasks: (1) to examine whether the need exists to modernize the antitrust ... An Antitrust Modernization Committee Update

Manufacturing (Broadband) Dissent

I have a new post up at TechPolicyDaily.com, excerpted below, in which I discuss the growing body of (surprising uncontroversial) work showing that broadband in the US compares favorably to that in the rest of the world. My conclusion, which is frankly more cynical than I like, is that concern about the US “falling behind” ... Manufacturing (Broadband) Dissent

Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)

[Cross Posted to the Center for the Protection of Intellectual Property] In its recent decision in Douglas Dynamics v. Buyers Products Co. (Fed. Cir., May 21, 2013), the Federal Circuit was forced to reverse a district court’s abuse of its discretion because the trial judge injected an anti-patent bias into the legal test for determining ... Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)

Legatum Institute Publishes an Eye-Opening Case Study on the Benefits of Eliminating Anticompetitive Market Distortions (ACMDs) in India

In a recent Truth on the Market blog posting, I summarized the discussion at a May 17 Heritage Foundation program on the problem of anticompetitive market distortions (ACMDs), featuring Shanker Singham of the Legatum Institute (a market-oriented London think tank) and me.  The program highlighted the topic of anticompetitive government-imposed laws and regulations (which Singham ... Legatum Institute Publishes an Eye-Opening Case Study on the Benefits of Eliminating Anticompetitive Market Distortions (ACMDs) in India

Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.

It’s not often that I disagree with my friend and co-author, FTC Commissioner Josh Wright, on an antitrust matter.  But when it comes to the proper legal treatment of loyalty discounts, the Commish and I just don’t see eye to eye. In a speech this past Monday evening, Commissioner Wright rejected the view that there should ... Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.

Sarbanes-Oxley: Linux Users Beware

As you may have guessed from my previous posts, I’m not a big fan of Sarbanes-Oxley, so I generally appreciate the criticism it receives. Some of the criticism, however, is almost comical. Take for example Steve Ballmer’s statement last month: ”The Ballmer children do not have their Xbox 360 yet…Thanks to the wonders of Sarbanes-Oxley, ... Sarbanes-Oxley: Linux Users Beware

WSJ Mistake on Holding of Health Care Ruling

Here’s a Letter to the Editor I sent to the Wall Street Journal today: Dear Editor: Today’s front page article, “GOP’s New Health-Law Front,” states that the Supreme Court’s Affordable Care Act ruling  “circumvented the issue of whether the law was proper under Congress’s constitutional right to regulate commerce among the states.”  That is incorrect.  ... WSJ Mistake on Holding of Health Care Ruling

The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny

Last week the International Center for Law & Economics, joined by TechFreedom, filed comments with the Federal Aviation Administration (FAA) in its Operation and Certification of Small Unmanned Aircraft Systems (“UAS” — i.e, drones) proceeding to establish rules for the operation of small drones in the National Airspace System. We believe that the FAA has ... The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny