The Archives

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

Showing results for:  “digital markets act”

What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?

In yesterday’s hearings on the disastrous launch of the federal health insurance exchanges, contractors insisted that part of the problem was a last-minute specification from the government:  the feds didn’t want people to be able to “window shop” for health insurance until they had created a profile and entered all sorts of personal information. That’s ... What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?

That startup investors’ letter on net neutrality is a revealing look at what the debate is really about

Last week a group of startup investors wrote a letter to protest what they assume FCC Chairman Tom Wheeler’s proposed, revised Open Internet NPRM will say. Bear in mind that an NPRM is a proposal, not a final rule, and its issuance starts a public comment period. Bear in mind, as well, that the proposal ... That startup investors’ letter on net neutrality is a revealing look at what the debate is really about

Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements

The National Collegiate Athletic Association’s (NCAA’s) longstanding cartel-like arrangements once again are facing serious legal scrutiny.  On June 9 a federal antitrust trial opened in Oakland featuring college athletes’ attempt to enjoin the NCAA from exploiting the athletes’ names, images, and likenesses (“rights of publicity”) for profit.  Rights of publicity are a well-recognized form of ... Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements

Federal Regulatory Reform Will Benefit All Americans

The next president, whether a Democrat or a Republican, should place a high priority on federal regulatory reform, in order to promote good jobs, vibrant firms, and a stronger American economy. Regulation is, of course, appropriate to address such problems as public health and safety and environmental pollution. But a growing body of scholarship finds ... Federal Regulatory Reform Will Benefit All Americans

When governments attack–and delusional law professors find the problem to be corporations

I find it interesting that many on the left, so intent on maintaining their anti-market narratives, distort reality so badly that black is white and up is down–and “government” is “corporations.” I’ve highlighted this before when discussing the misdirected criticisms (and solutions) of self-described privacy advocates who point the finger at Google when really they ... When governments attack–and delusional law professors find the problem to be corporations

The EC versus Intel: The SO is issued

To no one’s great surprise (other than that it took so long), the European Commission issued a Statement of Objections against Intel today.  More information as it becomes available. For those looking for a little insight into the case, you might be intrested in The FTC’s 1998 Complaint against Intel and the resulting Consent Decree (the entire case ... The EC versus Intel: The SO is issued

Lynn Stout on “criminogenic” hedge funds and insider trading

Lynn Stout, writing in the Harvard Business Review’s blog, claims that hedge funds are uniquely “criminogenic” environments.  (Not surprisingly, Frank Pasquale seems reflexively to approve): My research, shows that people’s circumstances affect whether they are likely to act prosocially. And some hedge funds provided the circumstances for encouraging an antisocial behavior like not obeying the ... Lynn Stout on “criminogenic” hedge funds and insider trading

Abolishing corporate personhood

Since the day it was handed down, Citizens United has been a kind of political flypaper for bad laws.  The first dead bugs sought to exploit the decision’s caveats by targeting disclosure and shareholder approval (the Shareholder Protection Act, critized here) and prohibiting political expenditures by government contractors (the Disclose Act). More recently, CU-haters are ... Abolishing corporate personhood

Net Neutrality and the Paradox of Private Censorship

With yet another net-neutrality order set to take effect (the link is to the draft version circulated before today’s Federal Communications Commission vote; the final version is expected to be published in a few weeks) and to impose common-carriage requirements on broadband internet-access service (BIAS) providers, it is worth considering how the question of whether ... Net Neutrality and the Paradox of Private Censorship

The Wisdom of Selling Off Isolated Public Forest Land

An article in the current issue of the Economist contends that “American environmentalists could be forgiven for throwing up their hands and heading north” (to Canada). Why? Because “the Bush administration wants to sell some 300,000 acres of national forest land in 35 states, mostly out west.” I’m afraid the normally sensible Economist (see, e.g., ... The Wisdom of Selling Off Isolated Public Forest Land

Kieff on Quanta v. LG Electronics

Scott Kieff (Wash U., Hoover Project on Commercialization Innovation) has posted a paper on Quanta v. LG Electronics: Frustrating Patent Deals by Taking Contracting Options off the Table?: The Supreme Court’s unanimous decision in Quanta v. LG Electronics may make it significantly more difficult to structure transactions involving patents. While this decision does make a ... Kieff on Quanta v. LG Electronics

Coke, Pepsi, Product Promotion and the Efficiencies of Vertical Integration

The soda industry is trending toward vertical integration, which Coke and Pepsi acquiring their largest bottlers.  From the WSJ: Coke and PepsiCo sell concentrate to bottlers, which then bottle and distribute the soft drinks in their territories. Many of these smaller bottlers are small businesses that have been run by family members for decades and ... Coke, Pepsi, Product Promotion and the Efficiencies of Vertical Integration