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So What’s Going to Happen to Securities Fraud Class Actions? Some Thoughts on Halliburton
On Wednesday, the U.S. Supreme Court heard oral argument in Halliburton v. Erica P. John Fund, a case that could drastically alter the securities fraud landscape. Here are a few thoughts on the issues at stake in the case and a cautious prediction about how the Court will rule. First, some quick background for the ... So What’s Going to Happen to Securities Fraud Class Actions? Some Thoughts on Halliburton
Commissioner Wright’s McWane Dissent Illuminates the Law and Economics of Exclusive Dealing
Commissioner Josh Wright’s dissenting statement in the Federal Trade Commission’s recent McWane proceeding is a must-read for anyone interested in the law and economics of exclusive dealing. Wright dissented from the Commission’s holding that McWane Inc.’s “full support” policy constituted unlawful monopolization of the market for domestic pipe fittings. Under the challenged policy, McWane, the ... Commissioner Wright’s McWane Dissent Illuminates the Law and Economics of Exclusive Dealing
McWane: Structure Isn’t Enough
A particularly unsettling aspect of the FTC’s case against McWane is the complaint counsel’s heavy (and seemingly exclusive) reliance on structural factors to prove its case. The FTC has little or no direct evidence of price communications and no econometric evidence suggesting collusion, and has instead spent a good deal of time trying to show ... McWane: Structure Isn’t Enough
McWane: Why Have An Administrative Law Judge?
Two modest offices on the first floor of the FTC building are occupied by the FTC Administrative Law Judge and his staff. Of all of the agencies with an ALJ, the FTC’s operation must be the smallest. The ALJ handles only a handful of trials each year. In the past, the FTC ALJ operation has ... McWane: Why Have An Administrative Law Judge?
Court strikes down Net neutrality rules but grants FCC sweeping new power over Internet
Today the D.C. Circuit struck down most of the FCC’s 2010 Open Internet Order, rejecting rules that required broadband providers to carry all traffic for edge providers (“anti-blocking”) and prevented providers from negotiating deals for prioritized carriage. However, the appeals court did conclude that the FCC has statutory authority to issue “Net Neutrality” rules under ... Court strikes down Net neutrality rules but grants FCC sweeping new power over Internet
FTC at a crossroads: The McWane case
Anyone familiar with the antitrust newstream realizes there is a tremendous amount of controversy about the Federal Trade Commission’s administrative litigation process. Unlike the Antitrust Division which fights its litigation battles in Federal Court, the FTC has a distinct home court advantage. FTC antitrust cases are typically litigated administratively with a trial conducted before an ... FTC at a crossroads: The McWane case
GAO Report on Patent Litigation Confirms No “Patent Troll” Litigation Problem
This was previously posted to the Center for the Protection of Intellectual Property Blog on October 4, and given that Congress is rushing headlong into enacting legislation to respond to an alleged crisis over “patent trolls,” it bears reposting if only to show that Congress is ignoring its own experts in the Government Accountability Office who ... GAO Report on Patent Litigation Confirms No “Patent Troll” Litigation Problem
A New Kingsbury Commitment: Universal Service through Competition?
For those in the DC area interested in telecom regulation, there is another great event opportunity coming up next week. Join TechFreedom on Thursday, December 19, the 100th anniversary of the Kingsbury Commitment, AT&T’s negotiated settlement of antitrust charges brought by the Department of Justice that gave AT&T a legal monopoly in most of the U.S. in ... A New Kingsbury Commitment: Universal Service through Competition?
“FTC: Technology & Reform” Agenda Available for 12/16 Event with Current/Former FTC Commissioners Wright, Muris & Kovacic
As it begins its hundredth year, the FTC is increasingly becoming the Federal Technology Commission. The agency’s role in regulating data security, privacy, the Internet of Things, high-tech antitrust and patents, among other things, has once again brought to the forefront the question of the agency’s discretion and the sources of the limits on its power.Please join us this Monday, December ... “FTC: Technology & Reform” Agenda Available for 12/16 Event with Current/Former FTC Commissioners Wright, Muris & Kovacic
FTC: Technology & Reform Project Launches 12/16 with Conference Keynoted by Commissioner Wright
Please join us at the Willard Hotel in Washington, DC on December 16th for a conference launching the year-long project, “FTC: Technology and Reform.” With complex technological issues increasingly on the FTC’s docket, we will consider what it means that the FTC is fast becoming the Federal Technology Commission. The FTC: Technology & Reform Project ... FTC: Technology & Reform Project Launches 12/16 with Conference Keynoted by Commissioner Wright
Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Mike Sykuta and I recently co-authored a short article discussing the latest evidence on, and proper legal treatment of, minimum resale price maintenance (RPM). Following is a bit about the article (which is available here). Despite the U.S. Supreme Court’s Leegin decision holding that minimum RPM must be evaluated under antitrust’s Rule of Reason, the ... Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
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?
