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Double secret ex parte meetings at the FCC: Something’s amiss in the agency’s big transaction reviews

The Wall Street Journal dropped an FCC bombshell last week, although I’m not sure anyone noticed. In an article ostensibly about the possible role that MFNs might play in the Comcast/Time-Warner Cable merger, the Journal noted that The FCC is encouraging big media companies to offer feedback confidentially on Comcast’s $45-billion offer for Time Warner ... Double secret ex parte meetings at the FCC: Something’s amiss in the agency’s big transaction reviews

Microsoft’s Android Anathema

Microsoft wants you to believe that Google’s business practices stifle competition and harm consumers. Again. The latest volley in its tiresome and ironic campaign to bludgeon Google with the same regulatory club once used against Microsoft itself is the company’s effort to foment an Android-related antitrust case in Europe. In a recent polemic, Microsoft consultant (and business ... Microsoft’s Android Anathema

ICLE and TechFreedom File Joint Comments in Defense of a Free Internet

The International Center for Law & Economics (ICLE) and TechFreedom filed two joint comments with the FCC today, explaining why the FCC has no sound legal basis for micromanaging the Internet and why “net neutrality” regulation would actually prove counter-productive for consumers. The Policy Comments are available here, and the Legal Comments are here. See our previous ... ICLE and TechFreedom File Joint Comments in Defense of a Free Internet

Net Neutrality Regulation is Bad for Consumers and Probably Illegal

TechFreedom and the International Center for Law & Economics will shortly file two joint comments with the FCC, explaining why the FCC has no sound legal basis for micromanaging the Internet—now called “net neutrality regulation”—and why such regulation would be counter-productive as a policy matter. The following summarizes some of the key points from both ... Net Neutrality Regulation is Bad for Consumers and Probably Illegal

The FTC’s in-app purchasing complaint against Amazon reflects its flawed, per se approach to unfairness

Today the FTC filed its complaint in federal district court in Washington against Amazon, alleging that the company’s in-app purchasing system permits children to make in-app purchases without parental “informed consent” constituting an “unfair practice” under Section 5 of the FTC Act. As I noted in my previous post on the case, in bringing this ... The FTC’s in-app purchasing complaint against Amazon reflects its flawed, per se approach to unfairness

The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com

The Wall Street Journal reports this morning that Amazon is getting — and fighting — the “Apple treatment” from the FTC for its design of its in-app purchases: Amazon.com Inc. is bucking a request from the Federal Trade Commission that it tighten its policies for purchases made by children while using mobile applications. In a letter to the FTC ... The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com

Permissionless innovation does not mean “no contracts required”

UPDATE: I’ve been reliably informed that Vint Cerf coined the term “permissionless innovation,” and, thus, that he did so with the sorts of private impediments discussed below in mind rather than government regulation. So consider the title of this post changed to “Permissionless innovation SHOULD not mean ‘no contracts required,'” and I’ll happily accept that ... Permissionless innovation does not mean “no contracts required”

How the Court’s “looks-like-cable-tv” test in Aereo protects the cloud

In our blog post this morning on ABC v. Aereo, we explain why, regardless of which test applies (the majority’s “looks-like-cable-TV” test or the dissent’s volitional conduct test), Aereo infringes on television program owners’ exclusive right under the Copyright Act to publicly perform their works. We also explain why the majority’s test is far less ambiguous than its critics ... How the Court’s “looks-like-cable-tv” test in Aereo protects the cloud

Why the Supreme Court’s Aereo Decision Protects Creators Without Endangering the Cloud

Yesterday, the Supreme Court released its much-awaited decision in ABC v. Aereo. The Court reversed the Second Circuit, holding that Aereo directly infringed the copyrights of broadcast television program owners by publicly performing their works without permission. Justice Breyer, who wrote the opinion for the Court, was joined by five other Justices, including Chief Justice ... Why the Supreme Court’s Aereo Decision Protects Creators Without Endangering the Cloud

Replacing the economic absurdity of New Jersey’s Tesla direct sales ban with a callous reward for rent-seeking

Earlier this week the New Jersey Assembly unanimously passed a bill to allow direct sales of Tesla cars in New Jersey. (H/T Marina Lao). The bill Allows a manufacturer (“franchisor,” as defined in P.L.1985, c.361 (C.56:10-26 et seq.)) to directly buy from or sell to consumers a zero emission vehicle (ZEV) at a maximum of ... Replacing the economic absurdity of New Jersey’s Tesla direct sales ban with a callous reward for rent-seeking

FTC closes Men’s Warehouse/Jos A Bank merger investigation

Credit where it’s due — the FTC has closed its investigation of the Men’s Warehouse/Jos. A. Bank merger. I previously wrote about the investigation here, where I said: I would indeed be shocked if a legitimate economic analysis suggested that Jos. A. Banks and Men’s Warehouse occupied all or most of any relevant market. For the most ... FTC closes Men’s Warehouse/Jos A Bank merger investigation

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