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Robust Patent and Copyright Systems Promote a Strong U.S. Economy – and Are Consistent with Originalist Understandings of the Constitution
In a Heritage Foundation Legal Memorandum released today, I explore both the “constitutionalist” as well as utilitarian, economic-welfare-oriented justifications for robust U.S. patent and copyright systems. The Memorandum explains: Intellectual property (IP) is increasingly important to the American private economy, and a discussion of the appropriate public policy toward IP is timely, particularly given the ... Robust Patent and Copyright Systems Promote a Strong U.S. Economy – and Are Consistent with Originalist Understandings of the Constitution
Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference
The American Bar Association’s (ABA) “Antitrust in Asia: China” Conference, held in Beijing May 21-23 (with Chinese Government and academic support), cast a spotlight on the growing economic importance of China’s six-year old Anti-Monopoly Law (AML). The Conference brought together 250 antitrust practitioners and government officials to discuss AML enforcement policy. These included the leaders ... Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference
The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple
Did Apple conspire with e-book publishers to raise e-book prices? That’s what DOJ argues in a lawsuit filed yesterday. But does that violate the antitrust laws? Not necessarily—and even if it does, perhaps it shouldn’t. Antitrust’s sole goal is maximizing consumer welfare. While that generally means antitrust regulators should focus on lower prices, the situation is more ... The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple
Welcome TOTM Guest Blogger Adam Mossoff
My GMU colleague Adam Mossoff has been on and around the blogs this week — or at least, other people have been writing about him and particularly about his new paper The Trespass Fallacy in Patent Law. For example, here are a few reactions at Prawfsblawg and Patently-O. I’ve been trying to get Professor Mossoff on ... Welcome TOTM Guest Blogger Adam Mossoff
Panel Today: “Will $Billions in Patent Lawsuits Kill Smartphone and Tablet Innovation?”
UPDATE: You can listen to an MP3 of the panel briefing at http://www.netcaucus.org/audio/2012/20121016mobilepatents.mp3 Today, I’m participating in a Hill briefing on the smart phone wars hosted by the Advisor Committee for the Congressional Internet Caucus. Here’s the information: Date: Tuesday, October 16, 2012 Time: 12:00 pm – 1:30 pm. Program begins promptly at 12:00 pm, ... Panel Today: “Will $Billions in Patent Lawsuits Kill Smartphone and Tablet Innovation?”
Tim Wu on Section 5 Guidelines Would Make the FTC Stronger and Better
I personally believe that a policy statement on Section 5 would be a very good thing for the Federal Trade Commission, especially over the long run. I think it would strengthen the agency, renew its distinct sense of purpose, and clarify the jobs of the attorneys who enforce the competition laws on a day-to-day basis. ... Tim Wu on Section 5 Guidelines Would Make the FTC Stronger and Better
Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Mike Sykuta and I recently co-authored a short article discussing the latest evidence on, and proper legal treatment of, minimum resale price maintenance (RPM). Following is a bit about the article (which is available here). Despite the U.S. Supreme Court’s Leegin decision holding that minimum RPM must be evaluated under antitrust’s Rule of Reason, the ... Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
McWane: Structure Isn’t Enough
A particularly unsettling aspect of the FTC’s case against McWane is the complaint counsel’s heavy (and seemingly exclusive) reliance on structural factors to prove its case. The FTC has little or no direct evidence of price communications and no econometric evidence suggesting collusion, and has instead spent a good deal of time trying to show ... McWane: Structure Isn’t Enough
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
For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions
Government impediments to the efficient provision of health care services in the United States are legion. While much recent attention has focused on the federal Patient Protection and Affordable Care Act, which by design reduces consumer choice and competition, harmful state law restrictions have long been spotlighted by the U.S. Federal Trade Commission (FTC) and ... For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions
Remembering Larry: My Friend, Mentee and a Great Intellect
In 1986, when I set out to develop a Law and Economics-oriented law school at George Mason University, I knew that I had a “secret weapon”, the list of about 450 law professors who had by then attended the Law and Economics Center’s Economics Institutes for Law Professors. I did not have a large budget, ... Remembering Larry: My Friend, Mentee and a Great Intellect
Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
U.S. antitrust law focuses primarily on private anticompetitive restraints, leaving the most serious impediments to a vibrant competitive process – government-initiated restraints – relatively free to flourish. Thus the Federal Trade Commission (FTC) should be commended for its July 16 congressional testimony that spotlights a fast-growing and particularly pernicious species of (largely state) government restriction ... Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
