Showing results for: “digital markets act”
Reforming FTC Data Security Enforcement
Recently I highlighted problems with the FTC’s enforcement actions targeting companies’ data security protection policies, and recommended that the FTC adopt a cost-benefit approach to regulation in this area. Yesterday the Heritage Foundation released a more detailed paper by me on this topic, replete with recommendations for new FTC guidance and specific reforms aimed at ... Reforming FTC Data Security Enforcement
More on Error Costs
Speaking of error cost analysis, this paper from a trio of lawyers in the General Counsel’s Policy Studies’ group at the FTC has a section entitled “Error Costs: The False Positive/ Negative Debate.” A frustration for me in discussing the error cost issue with respect to antitrust policy is that many people do not seem ... More on Error Costs
Some Reactions to the Obama Housing Plan
First, Peter Klein: I am bewildered. But, more than that, I am angry. I can’t count how many news accounts I’ve seen about the poor, struggling homeowners who can’t make the monthly mortgage payment, are about to be foreclosed, and risk losing the family home, yard, white picket fence, and piece of the American Dream. ... Some Reactions to the Obama Housing Plan
Zywicki on Judicial Modification of Mortgage Contracts
Earlier this week, I argued that courts should resist the urge to modify what turn out to be improvident commercial contracts. An unintended consequence of rewriting such contracts, I asserted, is that negotiated agreements would become unreliable, which would raise the risks associated with, and thereby discourage, wealth-creating exchanges. And real wealth creation — not ... Zywicki on Judicial Modification of Mortgage Contracts
Abuse of Dominance by Patentees: A Pro-Innovation Perspective
In my just-published article in The Antitrust Source, I argue that the law and economics literature on patents and error cost analysis demonstrate that the recent focus by U.S. (and foreign) antitrust enforcers on single-firm patent abuses is misplaced, and may reduce incentives to innovate. I recommend that antitrust enforcers focus instead on restrictions among ... Abuse of Dominance by Patentees: A Pro-Innovation Perspective
Time for the FTC to Reform its Advertising Substantiation Program
In my just published Heritage Foundation Legal Memorandum, I argue that the U.S. Federal Trade Commission (FTC) should substantially scale back its overly aggressive “advertising substantiation” program, which disincentivizes firms from providing the public with valuable information about the products they sell. As I explain: “The . . . [FTC] has a long history of ... Time for the FTC to Reform its Advertising Substantiation Program
O'Hara and Ribstein's The Law Market
You can now purchase it in hard copy, or on Kindle, and follow the action at the Conglomerate Book Club in March. I’ll be starting it on my Kindle on an airplane this afternoon.
Why oh why can't we have a better Paul Krugman?
Krugman’s latest opinion piece is here. Like me, Paul is beating the same drum over and over (oh, and by the way, like at DeLong’s place, my comments mysteriously don’t show up on his blog. Odd. I swear I am civil and engaged. I’m not sure why I am blacklisted. Could it be that I ... Why oh why can't we have a better Paul Krugman?
Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record
During the 2008 presidential campaign Barack Obama criticized the Bush Administration for “the weakest record of antitrust enforcement of any administration in the last half century” and promised “to reinvigorate antitrust enforcement.” In particular, he singled out allegedly lax monopolization and merger enforcement as areas needing improvement, and also vowed “aggressive action to curb the ... Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record
Varney Instead of Elhauge at DOJ?
So says Bloomberg. UPDATE: More from DOJ: The White House is expected to nominate Christine Varney, a former Federal Trade Commission member and Internet-law expert, as Justice Department antitrust chief, people briefed on the move said. Jon Leibowitz, a current FTC member, is the leading candidate for commission chairman, but the decision isn’t final, these ... Varney Instead of Elhauge at DOJ?
Institute for Humane Studies Fellowships
Details here: Deadline: December 31Scholarships up to $12,000 for undergraduate or graduate study in the United States or abroad. Humane Studies Fellowships are awarded by the Institute for Humane Studies (IHS) to students interested in exploring the principles, practices, and institutions necessary for a free society through their academic work. IHS began the program in ... Institute for Humane Studies Fellowships
Agent McConnell and My Generation’s “Greatest Mind on Antitrust Law”
If we’ve learned anything from the pending IRS scandal, it’s that bureaucrats matter. Senate Minority Leader Mitch McConnell apparently thinks so. According to a recent National Review article, McConnell, unlike most minority leaders, has put a great deal of effort into recommending highly qualified individuals for spots on the more than 100 bipartisan agencies and commissions in the federal bureaucracy. He views ... Agent McConnell and My Generation’s “Greatest Mind on Antitrust Law”
