Showing results for: “digital markets act”
Google and Shifting Conceptions of What It Means to Improve a Product
Judges sometimes claim that they do not pick winners when they decide antitrust cases. Nothing could be further from the truth. Competitive conduct by its nature harms competitors, and so if antitrust were merely to prohibit harm to competitors, antitrust would then destroy what it is meant to promote. What antitrust prohibits, therefore, is not ... Google and Shifting Conceptions of What It Means to Improve a Product
Organ Markets, Social Justice, and the Poor: A Reply to Professor Pasquale
Frank Pasquale at Madisonian is concerned that organ markets do not show enough concern for the poor. He writes: I’d be more sympathetic to the economic approach to the topic if it showed a bit more concern for the plight of those unable to pay for organs (and for the very poor in LDC’s whose ... Organ Markets, Social Justice, and the Poor: A Reply to Professor Pasquale
Gillian Hadfield on Right-Regulating Legal Markets
Although it has the zing of a slogan that I myself have often used, the call to ‘deregulate’ the legal profession is misleading. Yes, most of us who argue that the legal profession is excessively closed to competition—in a way that hampers both access and innovation, as I have argued in recent papers—think that the ... Gillian Hadfield on Right-Regulating Legal Markets
Greg Werden in Defense of Defining Markets
One of the more significant papers in antitrust of late has been Professor Kaplow’s Why (Ever) Define Markets? Kaplow provocatively argues that the entire “market definition/ market share” paradigm of antitrust is misguided and beyond repair. Kaplow describes the exclusive role of market definition in that paradigm as generating inferences about market power, argues that ... Greg Werden in Defense of Defining Markets
The Mounting Costs of Antidumping Laws: Time for Action?
In a 2015 Heritage Foundation Backgrounder, I argued for a reform of the United States antidumping (AD) law, which allows for the imposition of additional tariffs on “unfairly” low-priced imports. Although the original justification for American AD law was to prevent anticompetitive predation by foreign producers, I explained that the law as currently designed and ... The Mounting Costs of Antidumping Laws: Time for Action?
More FTC Overreach in Labor Markets
The Federal Trade Commission (FTC) and U.S. Labor Department (DOL) signed a memorandum of understanding (MOU) this past week “to strengthen the Agencies’ partnership through greater cooperation and coordination in information sharing, investigations and enforcement activity, training, education, research, and outreach.” The accompanying Sept. 21 announcement is another example of FTC overreach, as it highlights ... More FTC Overreach in Labor Markets
Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?
The Children’s Online Privacy Protection Act (COPPA) continues to be a hot button issue for many online businesses and privacy advocates. On November 14, Senator Markey, along with Senator Kirk and Representatives Barton and Rush introduced the Do Not Track Kids Act of 2013 to amend the statute to include children from 13-15 and add ... Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?
The Administration’s Rigorous Defense of the Affordable Care Act
In yesterday’s Washington Post, Health and Human Services Secretary Kathleen Sebelius makes an impassioned plea for skeptics to reconsider the Affordable Care Act. Secretary Sebelius argues that the Act will bring down health care costs by, among other things, assisting those who cannot afford health insurance coverage. Although expanding health insurance coverage is a worthy ... The Administration’s Rigorous Defense of the Affordable Care Act
Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
On December 11 I published a Heritage Foundation Legal Memorandum on this topic. I concluded that the federal courts have done a fairly good job in harmonizing antitrust with constitutionally-based federalism and First Amendment interests (petitioning, free speech, and religious freedom). Nevertheless, it must be admitted that these “constitutional constraints” somewhat limit the ability of ... Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
Never Mistake Activity for Achievement, Antitrust Edition
FTC Chairman Leibowitz recently gave a speech in which he took on a number of issues, but one in particular caught my eye. In a portion of the speech describing how antitrust has updated its procedures in order to become more efficient and avoid the problem of having decade-long cases focused upon technologies that are ... Never Mistake Activity for Achievement, Antitrust Edition
The arbitration (and death?) of securities class actions
Barbara Black has suggested that the time may have come to reconsider arbitration of federal securities claims against issuers (and not just brokers). And that’s only the beginning. Here’s the abstract: Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have ... The arbitration (and death?) of securities class actions
AG Paxton’s Google Suit Makes the Perfect the Enemy of the Good
Having just comfortably secured re-election to a third term, embattled Texas Attorney General Ken Paxton is likely to want to change the subject from investigations of his own conduct to a topic where he feels on much firmer ground: the 16-state lawsuit he currently leads accusing Google of monopolizing a segment of the digital advertising ... AG Paxton’s Google Suit Makes the Perfect the Enemy of the Good
