Showing results for: “digital markets act”
The CFPB’s Misleading Slant on Competition in Credit-Card Markets
In yet another example of interagency cheerleading from the Federal Trade Commission (FTC), Chair Lina Khan recently touted the work of the Consumer Financial Protection Bureau (CFPB) on payments networks: https://twitter.com/linakhanFTC/status/1759962157133726060?s=20 Hmmm, does it? How so? And what ought one to do with that information? A caveat: I’ve spent many years on competition issues, but ... The CFPB’s Misleading Slant on Competition in Credit-Card Markets
The Demise of Lanham Act Trademark Disparagement Limitations Promotes Sound Free Market Economic Principles
Background On June 19, in Matal v. Tam, the U.S. Supreme Court (Justice Gorsuch did not participate in the case) affirmed the Federal Circuit’s ruling that the Lanham Act’s “disparagement clause” is unconstitutional under the First Amendment’s free speech clause. The Patent and Trademark Office denied the Slants’ (an Asian rock group) federal trademark registration, ... The Demise of Lanham Act Trademark Disparagement Limitations Promotes Sound Free Market Economic Principles
Vonage commits technical violation of Securities Act
I blogged earlier about Vonage taking advantage of recently liberalized SEC rules that allow the use of written marketing materials during the IPO waiting period (see here). Specifically, they emailed a letter to their customers regarding a directed share program. They then followed up the letter with a voicemail blast (see here). All this is ... Vonage commits technical violation of Securities Act
Evans and Wright on The Effect of the CFPA Act of 2009 on Consumer Credit
David Evans (University of Chicago; University College of London) and I have posted to SSRN our draft, The Effect of the CFPA Act of 2009 on Consumer Credit. Here’s the abstract: The U.S. Department of the Treasury has submitted the Consumer Financial Protection Agency Act of 2009 to Congress for the purpose of overhauling consumer ... Evans and Wright on The Effect of the CFPA Act of 2009 on Consumer Credit
Diveley on Phoebe Putney and Clarifying State Action Doctrine
My former student and recent George Mason Law graduate (and co-author, here) Angela Diveley has posted Clarifying State Action Immunity Under the Antitrust Laws: FTC v. Phoebe Putney Health System, Inc. It is a look at the state action doctrine and the Supreme Court’s next chance to grapple with it in Phoebe Putney. here is ... Diveley on Phoebe Putney and Clarifying State Action Doctrine
The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws
In an earlier post on the CARE Act, I highlighted the fact that the law would essentially immunize state laws regulating the distribution and sale of beer, wine and liquor wholesalers from challenge under the Commerce clause and the Sherman Act. For more details on the CARE Act, see the earlier post, but the bottom ... The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws
Of Cake and Netflix
My new FSF Perspectives piece, Let Them Eat Cake and Watch Netflix, was published today. This piece explores a tension in Susan Crawford’s recent Wired commentary on Pew’s 2013 Broadband Report. I excerpt from the piece below. You can (and, I daresay, should!) read the whole thing here. In her piece, after noting the persistence ... Of Cake and Netflix
The International Competition Network at Seventeen
Introduction Last week I attended the 17th Annual Conference of the International Competition Network (ICN) held in New Delhi, India from March 21-23. The Delhi Conference highlighted the key role of the ICN in promoting global convergence toward “best practices” in substantive and procedural antitrust analysis by national antitrust (“competition”) agencies. The ICN operates as ... The International Competition Network at Seventeen
Vizio Files Monopolization Suit Against Funai
This looks like an interesting suit involving antitrust, patents, and standard setting: VIZIO, Inc., America’s HDTV Company, announced today that it has filed an antitrust and unfair competition lawsuit in the United States District Court, Central District of California, against Funai Electronics Co., Ltd., a Japanese distributor of digital televisions and related components. In the ... Vizio Files Monopolization Suit Against Funai
Antitrust’s Uncertain Future: Competition in the New Regulatory Landscape
It increasingly appears that the push to pass Sen. Amy Klobuchar’s American Innovation and Choice Online Act (AICOA) will go down to the wire, with a vote potentially taking place sometime before Congress leaves for its August recess. Given the uncertainty surrounding this massive legislative project, this Truth on the Market symposium examines the possible ... Antitrust’s Uncertain Future: Competition in the New Regulatory Landscape
Competition Law as a Swiss Army Knife (Move Fast and Break Things?)
[TOTM: The following is the fourth in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Valentin Mircea, a Senior Partner at Mircea and Partners Law Firm, Bucharest, Romania. The enforcement of competition rules in the European ... Competition Law as a Swiss Army Knife (Move Fast and Break Things?)
The BIF Offers a Good First Step for Broadband, but the Devil Will Be in the Details
Capping months of inter-chamber legislative wrangling, President Joe Biden on Nov. 15 signed the $1 trillion Infrastructure Investment and Jobs Act (also known as the bipartisan infrastructure framework, or BIF), which sets aside $65 billion of federal funding for broadband projects. While there is much to praise about the package’s focus on broadband deployment and ... The BIF Offers a Good First Step for Broadband, but the Devil Will Be in the Details
