Showing results for: “digital markets act”
All Aboard! The Title II Express Is Leaving the Station
At lunch last week, I handed out the first of my new business cards with the title “Director, Hootenanny Division.” My lunchmate looked down and said, “Sounds fun, what do you do?” Then, I had to explain that part of the job involves watching open meetings of the Federal Communications Commission (FCC) and reporting on ... All Aboard! The Title II Express Is Leaving the Station
An FTC Complaint Against Amazon Gets Personal
There is much in the Federal Trade Commission’s (FTC) record over the past two years that could be categorized as abnormal. There is, for instance, nothing “normal” about using the threat of excessive force to cower businesses into submission. Introducing sky high costs for the filing of mergers isn’t normal, as it will scare away ... An FTC Complaint Against Amazon Gets Personal
No, Chevron Deference Will Not Save the FTC’s Noncompete Ban
The Federal Trade Commission (FTC) announced in a notice of proposed rulemaking (NPRM) last month that it intends to ban most noncompete agreements. Is that a good idea? As a matter of policy, the question is debatable. So far as the NPRM is concerned, however, that debate is largely hypothetical. It is unlikely that any ... No, Chevron Deference Will Not Save the FTC’s Noncompete Ban
The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
Earlier this week the International Center for Law & Economics, along with a group of prominent professors and scholars of law and economics, filed an amicus brief with the Ninth Circuit seeking rehearing en banc of the court’s FTC, et al. v. St Luke’s case. ICLE, joined by the Medicaid Defense Fund, also filed an ... The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
FCC Internet Regulation Is a Recipe for Crony Capitalism
Much ink has been spilled (and with good reason) about the excessive and totally unnecessary regulatory burdens associated with the Federal Communications Commission’s (FCC) February 26 “Open Internet Order” (OIO), which imposes public utility regulation on Internet traffic. For example, as Heritage Foundation Senior Research Fellow James Gattuso recently explained, “[d]evised for the static monopolies, ... FCC Internet Regulation Is a Recipe for Crony Capitalism
The Second Circuit Misapplies the Per Se Rule in U.S. v. Apple
In its June 30 decision in United States v. Apple Inc., a three-judge Second Circuit panel departed from sound antitrust reasoning in holding that Apple’s e-book distribution agreement with various publishers was illegal per se. Judge Dennis Jacobs’ thoughtful dissent, which substantially informs the following discussion of this case, is worth a close read. In ... The Second Circuit Misapplies the Per Se Rule in U.S. v. Apple
Hedge Fund Registration Requirement
The hedge fund registration requirements debated extensively in the blawgosphere a few months back (see, e.g., here, here, and here) will take effect on Wednesday of next week. According to this article in the W$J, so far 530 hedge fund advisers have registered and a few hundred more are expected before Wednesday. Recent estimates put ... Hedge Fund Registration Requirement
LLCs vs. corporations: explaining state variations in formations
The literature on the state “market” for LLC law is growing. Bruce Kobayashi and I published what I would modestly call the leading study (K & R) on jurisdictional competition for LLCs. There is also an unpublished study to which our article is in part a response by Dammann & Schündeln (D & S). Now there’s ... LLCs vs. corporations: explaining state variations in formations
Italy’s Google and Apple Decisions: Regulatory Paternalism and Overenforcement
The Autorità Garante della Concorenza e del Mercato (AGCM), Italy’s competition and consumer-protection watchdog, on Nov. 25 handed down fines against Google and Apple of €10 million each—the maximum penalty contemplated by the law—for alleged unfair commercial practices. Ultimately, the two decisions stand as textbook examples of why regulators should, wherever possible, strongly defer to ... Italy’s Google and Apple Decisions: Regulatory Paternalism and Overenforcement
Bye Bye, Dr. Miles.
So it looks like Dr. Miles is going down. That’s a good thing. For non-antitrusters, Dr. Miles is a 1911 Supreme Court decision holding that “minimum vertical resale price maintenance” is per se illegal — that is, automatically illegal without inquiry into the practice’s actual effect on competition. Minimum vertical resale price maintenance (or “RPM”) ... Bye Bye, Dr. Miles.
Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement
I don’t share this to offer an opinion on the underlying action, but I thought it would be an item of interest to our readers. Much has been written on this blog about challenges in the SEC’s FCPA enforcement process. I am surprised the news media hasn’t touched Herman Cain’s relationship with AGCO Corp. during ... Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement
Stop Brad DeLong!
Few people in my small sphere of the world are taken as seriously as Brad DeLong, while still being as much of an ass as he is. The latest stems from his juvenile criticism of this masterful analysis of the stimulus situation by John Cochrane. Brad’s juvenile criticism is here. The thing is, it sounds ... Stop Brad DeLong!
