The Archives

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

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The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it

At today’s Open Commission Meeting, the FCC is set to consider two apparently forthcoming Notices of Proposed Rulemaking that will shape the mobile broadband sector for years to come.  It’s not hyperbole to say that the FCC’s approach to the two issues at hand — the design of spectrum auctions and the definition of the FCC’s ... The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it

Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday

I will be speaking at a lunch debate in DC hosted by TechFreedom on Friday, September 28, 2012, to discuss the FTC’s antitrust investigation of Google. Details below. TechFreedom will host a livestreamed, parliamentary-style lunch debate on Friday September 28, 2012, to discuss the FTC’s antitrust investigation of Google.   As the company has evolved, expanding outward from ... Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday

Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key

There are a lot of inaccurate claims – and bad economics – swirling around the Universal Music Group (UMG)/EMI merger, currently under review by the US Federal Trade Commission and the European Commission (and approved by regulators in several other jurisdictions including, most recently, Australia). Regulators and industry watchers should be skeptical of analyses that ... Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key

Ginsburg & Wright on Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty

My paper with Judge Douglas H. Ginsburg (D.C. Circuit; NYU Law), Behavioral Law & Economics: Its Origins, Fatal Flaws, and Implications for Liberty, is posted to SSRN and now published in the Northwestern Law Review. Here is the abstract: Behavioral economics combines economics and psychology to produce a body of evidence that individual choice behavior ... Ginsburg & Wright on Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty

The anti-patent crowd seems to think your smartphone doesn’t actually exist

I respect Alex Tabarrock immensely, but his recent post on the relationship between “patent strength” and innovation is, while pretty, pretty silly. The entirety of the post is the picture I have pasted here. The problem is that neither Alex nor anyone else actually knows that this is “where we are,” nor exactly what the ... The anti-patent crowd seems to think your smartphone doesn’t actually exist

Copyright Does Not Violate the Right to Free Speech

I’m speaking on a panel hosted by the Free Speech Dialogues program at the University of Texas at Austin this Thursday, September 20.  The topic this year is Intellectual Property Rights and Free Speech, and UCLA law professor Neal Netanal and author Robert Levine are also speaking on the panel. The Austin newspaper, the Statesman, asked ... Copyright Does Not Violate the Right to Free Speech

Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order

“Real lawyers read the footnotes!”—thus did Harold Feld chastise Geoff and Berin in a recent blog post about our CNET piece on the Verizon/SpectrumCo transaction. We argued, as did Commissioner Pai in his concurrence, that the FCC provided no legal basis for its claims of authority to review the Commercial Agreements that accompanied Verizon’s purchase ... Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order

Have Elhauge and Wickelgren Undermined the Rule of Per Se Legality for Above-Cost Loyalty Discounts?

Einer Elhauge and Abraham Wickelgren, of Harvard and the University of Texas, respectively, have recently posted to SSRN a pair of provocative papers on loyalty discounts (price cuts conditioned on the buyer’s purchasing some amount, usually a percentage of its requirements, from the seller).  Elhauge and Wickelgren take aim at the assertion by myself and ... Have Elhauge and Wickelgren Undermined the Rule of Per Se Legality for Above-Cost Loyalty Discounts?

Josh Wright to be nominated to be next FTC Commissioner

Truth on the Market and the International Center for Law & Economics are delighted (if a bit saddened) to announce that President Obama intends to nominate Joshua Wright, Research Director and Member of the Board of Directors of ICLE and Professor of Law at George Mason University School of Law, to be the next Commissioner ... Josh Wright to be nominated to be next FTC Commissioner

Free Uber

From the NY Times: Uber, a company based in San Francisco, is introducing a smartphone app to New York that allows available taxi drivers and cab-seeking riders to find one another. The company said the service would begin operating on Wednesday in 105 cabs — a bit less than 1 percent of the city’s more ... Free Uber

Some Links

Competition on layaway fees  Price discrimination over restaurant reservation times (HT: NY Times) Steve Calabresi & Larissa Price on the history of government granted monopolies and the constitution  A settlement in the EU E-books investigation?

“The prospect of O’Bannon v. NCAA radically reshaping college sports is real”

Michael McCann (Vermont, CNNSI) has a very interesting column on developments in Ed O’Bannon’s lawsuit against the NCAA.   O’Bannon is challenging the NCAA’s licensing of the names, images and likenesses of former Division I college athletes for commercial purposes without compensation or consent.  McCann discusses the implications of O’Bannon’s motion to expand the class to ... “The prospect of O’Bannon v. NCAA radically reshaping college sports is real”