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Merger Guidelines Symposium
For our friends in the agencies, we hope this symposium gives you some food for thought and a sense of where an informed subset of the antitrust community see issues meriting attention. It is interesting to note (we received all of the submissions before any were posted) the extent to which so many of these ... Merger Guidelines Symposium
The Law & Economics of Interchange Fees Symposium
For the uninitiated, the interchange fee is the fee charged (usually) by the credit card issuing bank (the cardholder’s bank) to the credit card acquiring bank (the merchant’s bank) to settle a credit card transaction between the cardholder and the merchant. Interchange fees, as well as various rules set by credit card networks governing credit ... The Law & Economics of Interchange Fees Symposium
Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader
The State of the Patent System: A Discussion with Chief Judge Rader A teleforum on Thursday, April 11, at 2pm. Hosted by George Mason Law School’s Center for the Protection of Intellectual Property Teleforum and the Federalist Society‘s Intellectual Property Practice Group. Today, people read daily complaints about the “broken” patent system, and thus it’s ... Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader
Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!
Today, a group of eighteen scholars, of which I am one, filed an amicus brief encouraging the Supreme Court to review a Court of Appeals decision involving loyalty rebates. The U.S. Court of Appeals for the Third Circuit recently upheld an antitrust judgment based on a defendant’s loyalty rebates even though the rebates resulted in above-cost prices for the defendant’s products ... Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!
Meese, Mellor & Rowes on Economic Liberty and the Fourteenth Amendment
“[N]or shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” These words from the U.S. Constitution’s Fourteenth Amendment lurk behind a great many news stories these days. For the next two days, the U.S. Supreme Court will ... Meese, Mellor & Rowes on Economic Liberty and the Fourteenth Amendment
The SHIELD Act: When Bad Economic Studies Make Bad Laws
Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that he would like “to see if we can build some ... The SHIELD Act: When Bad Economic Studies Make Bad Laws
Forbes commentary on Susan Crawford’s “broadband monopoly” thesis
Over at Forbes Berin Szoka and I have a lengthy piece discussing “10 Reasons To Be More Optimistic About Broadband Than Susan Crawford Is.” Crawford has become the unofficial spokesman for a budding campaign to reshape broadband. She sees cable companies monopolizing broadband, charging too much, withholding content and keeping speeds low, all in order to ... Forbes commentary on Susan Crawford’s “broadband monopoly” thesis
Criticizing the FTCโs Proposed Order in the Google Patent Antitrust Case
I filed comments today on the FTC’s proposed Settlement Order in the Google standards-essential patents (SEPs) antitrust case. The Order imposes limits on the allowable process for enforcing FRAND licensing of SEPs, an area of great complexity and vigorous debate among industry, patent experts and global standards bodies. The most notable aspect of the order ... Criticizing the FTCโs Proposed Order in the Google Patent Antitrust Case
Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
Although it probably flew under almost everyone’s radar, last week Josh issued his first Concurring Statement as an FTC Commissioner. The statement came in response to a seemingly arcane Notice of Proposed Rulemaking relating to Hart-Scott-Rodino Premerger Notification Rules: The proposed rules also establish a procedure for the automatic withdrawal of an HSR filing when ... Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
Copyright, Property Rights, and the Free Market
Over at Cato Unbound, there has been a discussion this past month on copyright and copyright reform. In his recent contribution to this discussion, Mark Schultz posted an excellent essay today, Where are the Creators? Consider Creators in Copyright Reform, that calls out the cramped, reductionist view of copyright policy that leads some libertarians and ... Copyright, Property Rights, and the Free Market
George Will on My “Plausible Judgment” About the Future of the ACA
In his nationally syndicated column this week, Washington Post columnist George Will highlights what he termed my “plausible judgment” (I’m taking that as high praise!) that the Supreme Court’s Affordable Care Act decision “may have made the ACA unworkable, thereby putting it on a path to ultimate extinction.” Will focuses on the first of my three major points ... George Will on My “Plausible Judgment” About the Future of the ACA
