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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

Lessons from Marrakech for US regulatory reform: All aboard the train

I thank Truth on the Market (and especially Geoff Manne) for adding me as a regular TOTM blogger, writing on antitrust, IP, and regulatory policy. I am a newly minted Senior Legal Fellow at the Heritage Foundation, and alumnus of BlackBerry and the Federal Trade Commission. Representatives of over 100 competition agencies from around the ... Lessons from Marrakech for US regulatory reform: All aboard the train

TOTM welcomes new blogger Alden Abbott

We’re delighted to announce the newest addition to our blogging roster, Alden Abbott. Alden recently joined the Heritage Foundation as Senior Fellow and Deputy Director of the Center for Legal and Judicial Studies. For two years ending in April 2014, he was Director, Global Patent Law and Competition Strategy at Blackberry. Alden has been at ... TOTM welcomes new blogger Alden Abbott

A Supreme Court ruling against Aereo won’t spell the end of cloud computing

Interested observers on all sides of the contentious debate over Aereo have focused a great deal on the implications for cloud computing if the Supreme Court rules against Aereo. The Court hears oral argument next week, and the cloud computing issue is sure to make an appearance. Several parties that filed amicus briefs in the ... A Supreme Court ruling against Aereo won’t spell the end of cloud computing

Getting efficiencies right at the FTC: Commissioner Wright dissents in Ardagh/Saint-Gobain merger

FTC Commissioner Josh Wright pens an incredibly important dissent in the FTC’s recent Ardagh/Saint-Gobain merger review. At issue is how pro-competitive efficiencies should be considered by the agency under the Merger Guidelines. As Josh notes, the core problem is the burden of proof: Merger analysis is by its nature a predictive enterprise. Thinking rigorously about ... Getting efficiencies right at the FTC: Commissioner Wright dissents in Ardagh/Saint-Gobain merger

Why the Antitrust Realities Support the Comcast-Time Warner Cable Merger

I have a new article on the Comcast/Time Warner Cable merger in the latest edition of the CPI Antitrust Chronicle, which includes several other articles on the merger, as well. In a recent essay, Allen Grunes & Maurice Stucke (who also have an essay in the CPI issue) pose a thought experiment: If Comcast can ... Why the Antitrust Realities Support the Comcast-Time Warner Cable Merger

The premium natural and organic men’s apparel market

Last month the Wall Street Journal raised the specter of an antitrust challenge to the proposed Jos. A. Bank/Men’s Warehouse merger. Whether a challenge is forthcoming appears to turn, of course, on market definition: An important question in the FTC’s review will be whether it believes the two companies compete in a market that is ... The premium natural and organic men’s apparel market

Over 70 economists and law professors sign letter opposing anti-Tesla direct automobile distribution ban

Earlier this month New Jersey became the most recent (but likely not the last) state to ban direct sales of automobiles. Although the rule nominally applies more broadly, it is directly aimed at keeping Tesla Motors (or at least its business model) out of New Jersey. Automobile dealers have offered several arguments why the rule ... Over 70 economists and law professors sign letter opposing anti-Tesla direct automobile distribution ban

Dealer protectionism in New Jersey

Last summer I blogged here at TOTM about the protectionist statutes designed to preempt direct distribution of Tesla cars that are proliferating around the country. This week, New Jersey’s Motor Vehicle Commission voted to add New Jersey to the list of states bowing to the politically powerful car dealers’ lobby. Yesterday, I was on Bloomberg’s ... Dealer protectionism in New Jersey