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Showing results for:  “digital markets act”

Surcharging and Honor-All-Cards

Generally, merchants charge the same price regardless of the type of payment instrument used to make purchases. In many jurisdictions, merchants are not allowed to add a surcharge for payment card transactions because of legal (some states in the U.S. do not allow surcharges) or contractual (card networks generally do not allow surcharges) restrictions. But, ... Surcharging and Honor-All-Cards

Common Errors on Exams

I’ve been grading Contracts exams for the last week or so. This is where I earn my pay. It’s an awful job. The students take only one exam for the entire semester, so I really have to be careful to make sure I’m evaluating everyone fairly. Painstakingly reading and effectively ranking 75 three-hour essay exams ... Common Errors on Exams

“Google and Antitrust” roundtable at AALS

I will be participating in a wide-ranging discussion of Google and antitrust issues at the upcoming AALS meeting in New Orleans in January. The Antitrust and Economic Regulation Section of the AALS is hosting the roundtable, organized by Mike Carrier. Mike and I will be joined by Marina Lao, Frank Pasquale, Pam Samuelson, and Mark ... “Google and Antitrust” roundtable at AALS

The Myth of Consumer Protection Through Disclosure

I will focus my blog post on one of the proposals for reducing interchange fees: the requirement that the fees be disclosed to consumers. I am not sure how seriously this option is taken by the GAO report. Indeed, the report concedes that mandated disclosures in this context are not very likely to be effective, ... The Myth of Consumer Protection Through Disclosure

The Merchants’ Insincere Concern About Cross-Consumer Subsidies

In my first post I argued that consumers as a group would likely be made worse off as a result of artificially imposed reductions in interchange fees.  This post considers a second line of attack—that even if consumers overall would be made no better off (or even worse off) as a result of regulating interchange ... The Merchants’ Insincere Concern About Cross-Consumer Subsidies

Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates

Given the kerfuffle among libertarians and conservatives in the past month over what is basic copyright policy, my colleague and copyright law expert, Chris Newman, sent me this interesting Google Ngram graph on the use of “encouragement” vs. “incentive.”  I won’t commit the fallacy of hasty generalization by inferring any conclusions from this single comparison, ... Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates

James M. Buchanan — 1919-2013

Yet another loss of a giant in the world of law and economics.  On December 19, it was Robert Bork.  Today, we lost economist James M. Buchanan, Nobel laureate, George Mason professor, and one of the fathers of Public Choice economics.  Regular readers of TOTM will know that several of us–including yours truly–have been heavily influenced by the insights of Public ... James M. Buchanan — 1919-2013

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

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

Credit Cards in Context: Framing the Discussion

While the GAO report provides a useful summary of many of the issues being debated within the credit card community, the GAO’s mandate was, in some ways, rather narrow.  The GAO was asked to “review (1) how the fees merchants pay have changed over time and the factors affecting the competitiveness of the credit card ... Credit Cards in Context: Framing the Discussion

Rethinking Intellectual Property Theory: A Review of Rob Merges’s Justifying Intellectual Property

My colleague, Eric Claeys, has posted to SSRN an interesting and important review of Robert Merges’s new book, Justifying Intellectual Property (Harvard University Press, 2012).  Here’s the abstract: This article contributes to a symposium issue on the Philosophical Foundations of Intellectual Property. In a popular Saturday Night Live skit, a famous record producer helps a ... Rethinking Intellectual Property Theory: A Review of Rob Merges’s Justifying Intellectual Property

Some Historical Perspective on Today’s High-Tech Patent Wars

The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg also published an important article yesterday on the smart phone war, software ... Some Historical Perspective on Today’s High-Tech Patent Wars