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

Showing results for:  “Google shopping manne”

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

Swimming Against the Tide: The FTC’s Misguided Antagonism to Health Care Integration

There is a consensus in America that we need to control health care costs and improve the delivery of health care. After a long debate on health care reform and careful scrutiny of health care markets, there seems to be agreement that the unintegrated, “siloed approach” to health care is inefficient, costly, and contrary to ... Swimming Against the Tide: The FTC’s Misguided Antagonism to Health Care Integration

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

Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on Apple and Amazon Cases

The Federal Trade Commission’s recent enforcement actions against Amazon and Apple raise important questions about the FTC’s consumer protection practices, especially its use of economics. How does the Commission weigh the costs and benefits of its enforcement decisions? How does the agency employ economic analysis in digital consumer protection cases generally? Join the International Center ... Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on Apple and Amazon Cases

CONDITIONAL PRICING PRACTICES AND THE LIMITS OF ANTITRUST

The Federal Trade Commission’s (FTC) June 23 Workshop on Conditional Pricing Practices featured a broad airing of views on loyalty discounts and bundled pricing, popular vertical business practices that recently have caused much ink to be spilled by the antitrust commentariat.  In addition to predictable academic analyses featuring alternative theoretical anticompetitive effects stories, the Workshop ... CONDITIONAL PRICING PRACTICES AND THE LIMITS OF ANTITRUST

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

Antitrust Law and Economics Scholars Urge Reversal in McWane

Last Monday, a group of nineteen scholars of antitrust law and economics, including yours truly, urged the U.S. Court of Appeals for the Eleventh Circuit to reverse the Federal Trade Commission’s recent McWane ruling. McWane, the largest seller of domestically produced iron pipe fittings (DIPF), would sell its products only to distributors that “fully supported” ... Antitrust Law and Economics Scholars Urge Reversal in McWane

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