Showing results for: “digital markets act”
The Efficiency of Metering Tie-Ins
Have you ever had to get on your hands and knees at Office Depot to find precisely the right printer cartridge? It’s maddening, no? Why can’t the printer manufacturers just settle on a single design configuration, the way lamp manufacturers use common light bulbs? You might think the printer manufacturer is trying to enhance its ... The Efficiency of Metering Tie-Ins
The Federal Circuit Misapplies Chevron Deference (and Risks a Future “Supreme Scolding”) in Suprema Inc. v. ITC
On August 10, in Suprema, Inc. v. ITC, the en banc Federal Circuit granted Chevron deference to a U.S. International Trade Commission (“ITC”) statutory interpretation in holding that goods that do not directly infringe a U.S. patent at the time they are imported nevertheless may be excluded from entry by the ITC if they are ... The Federal Circuit Misapplies Chevron Deference (and Risks a Future “Supreme Scolding”) in Suprema Inc. v. ITC
Delaware bans LLC creditor derivative suits
On Friday the Delaware Supreme Court decided the important case of CML V, LLC v. Bax (see Francis Pileggi’s helpful summary). The court, per CJ Steele, held that a creditor lacks standing to sue an insolvent LLC derivatively. The court reasoned that when the Delaware LLC Act says in §18-1002 that a plaintiff in an ... Delaware bans LLC creditor derivative suits
Blackout Rebates: Tipping the Scales at the FCC
Cable and satellite programming blackouts often generate significant headlines. While the share of the population affected by blackouts may be small—bordering on minuscule—most consumers don’t like the idea of programming blackouts and balk at the idea of paying for TV programming they can’t access. Enter the Federal Communications Commission (FCC) with a bold proposal to ... Blackout Rebates: Tipping the Scales at the FCC
Law Review Publishing Norms and Inefficient Performance
One of my colleagues recently accepted a publication offer on a law review article, only to receive a later publication offer from a much more prestigious journal. This sort of occurrence is not uncommon in the legal academy, where scholars submitting articles for publication do not offer to publish their work in a journal but rather solicit publication offers from journals (and generally solicit ... Law Review Publishing Norms and Inefficient Performance
Barnett on the the Supreme Court, Convergence, and Enforcement Levels
Tom Barnett (DOJ Antitrust AG) gave a speech February 29th to the Federalist Society where he touched upon a number of interesting issues we’ve discussed from time to time here at TOTM. Some highlights: Barnett on recent Supreme Court activity. “I submit that the principal reason for the abundance of supermajority decisions is an analytical ... Barnett on the the Supreme Court, Convergence, and Enforcement Levels
Will SCOTUS Tame the Exotic Beast?
It is a pretty exciting time in the antitrust world. This, of course, is bad news for firms. SCOTUS will decide three antitrust cases this term, each offering a promising opportunity to clarify murky doctrine or undo an erroneous application of relatively clear antitrust principles. Texaco v Dagher falls into the latter category. The bulk ... Will SCOTUS Tame the Exotic Beast?
ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust
The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers. Well, this argument has crashed and ... ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust
Modes of mixing law and economics
Geoff Miller has a new must-read paper on the relationship between law and economics: Law and Economics versus Economic Analysis of Law. Here’s the abstract: This paper distinguishes law and economics – conceived as an equal partnership between two disciplines – and economic analysis of law, conceived as the application of economic reasoning to legal ... Modes of mixing law and economics
Dr. Miles (1911-2007)
So Dr. Miles is dead. May he rest in peace. No great surprises in the majority opinion in Leegin. Justice Kennedy, quite rightly, emphasized points we have asserted numerous times on this blog. Most notably: The per se rule should be reserved for practices that are always, or almost always, anticompetitive. The common law nature ... Dr. Miles (1911-2007)
Biweekly FTC Roundup: Commissioners Bite Horse Edition
The massive New Deal sculptures that frame Federal Trade Commission headquarters are both called “Man Controlling Trade.” And according to the Commission’s new Policy Statement Regarding Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act, “Three Commissioners Controlling the Economy” appears to now be one of the agency’s guiding principles. The ... Biweekly FTC Roundup: Commissioners Bite Horse Edition
Unfair Methods of Competition Symposium
Last month, FTC Commissioner Josh Wright began a much-needed conversation on the FTC’s UMC authority by issuing a proposed policy statement attempting to provide some meaningful guidance and limits to the FTC’s authority. Meanwhile, last week Commissioner Maureen Ohlhausen offered her own take on the issue, echoing many of Josh’s points and further extending the conversation. Considerable commentary—and even congressional ... Unfair Methods of Competition Symposium
