Showing results for: “price gouging”
FCC Internet Regulation Is a Recipe for Crony Capitalism
Much ink has been spilled (and with good reason) about the excessive and totally unnecessary regulatory burdens associated with the Federal Communications Commission’s (FCC) February 26 “Open Internet Order” (OIO), which imposes public utility regulation on Internet traffic. For example, as Heritage Foundation Senior Research Fellow James Gattuso recently explained, “[d]evised for the static monopolies, ... FCC Internet Regulation Is a Recipe for Crony Capitalism
Debunking the Myth of a Data Barrier to Entry for Online Services
Recent years have seen an increasing interest in incorporating privacy into antitrust analysis. The FTC and regulators in Europe have rejected these calls so far, but certain scholars and activists continue their attempts to breathe life into this novel concept. Elsewhere we have written at length on the scholarship addressing the issue and found the ... Debunking the Myth of a Data Barrier to Entry for Online Services
Innovation Death Panels and Other Economic Shortcomings of the White House Proposed Privacy Bill
In short, all of this hand-wringing over privacy is largely a tempest in a teapot — especially when one considers the extent to which the White House and other government bodies have studiously ignored the real threat: government misuse of data à la the NSA. It’s almost as if the White House is deliberately shifting the public's gaze from the reality of extensive government spying by directing it toward a fantasy world of nefarious corporations abusing private information…. The White House’s proposed bill is emblematic of many government “fixes” to largely non-existent privacy issues, and it exhibits the same core defects that undermine both its claims and its proposed solutions. As a result, the proposed bill vastly overemphasizes regulation to the dangerous detriment of the innovative benefits of Big Data for consumers and society at large.
California Dreamin’: California Public Utility Commission must resist extreme regulatory overreach in the recently proposed conditions in Comcast-TWC merger
On February 13 an administrative law judge (ALJ) at the California Public Utility Commission (CPUC) issued a proposed decision regarding the Comcast/Time Warner Cable (TWC) merger. The proposed decision recommends that the CPUC approve the merger with conditions. It’s laudable that the ALJ acknowledges at least some of the competitive merits of the proposed deal. ... California Dreamin’: California Public Utility Commission must resist extreme regulatory overreach in the recently proposed conditions in Comcast-TWC merger
The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
In its February 25 North Carolina Dental decision, the U.S. Supreme Court, per Justice Anthony Kennedy, held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. In so ruling, the Court struck a significant ... The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
Dan Crane: Fact Checking Kessler’s “Fact Checking” on Direct Distribution
The following post was authored by Dan Crane, the Frederick Paul Furth, Sr. Professor of Law at the University of Michigan Law School and an occasional TOTM contributor. Last week, I released a public interest group open letter in support of Tesla’s right to distribute its cars directly. The letter attracted quite a bit of ... Dan Crane: Fact Checking Kessler’s “Fact Checking” on Direct Distribution
FTC Staff Report Misses the Mark on “Internet of Things” Regulation
Today the Federal Trade Commission (FTC) missed the mark in authorizing release of a staff report calling for legislation and regulation of the “Internet of Things.” The Internet of Things is already affecting the daily lives of millions of Americans through the adoption of health and fitness monitors, home security devices, connected cars and household ... FTC Staff Report Misses the Mark on “Internet of Things” Regulation
Newsflash! Commercial contracts are often confidential (but that doesn’t make them anticompetitive)
Microsoft and its allies (the Microsoft-funded trade organization FairSearch and the prolific Google critic Ben Edelman) have been highly critical of Google’s use of “secret” contracts to license its proprietary suite of mobile apps, Google Mobile Services, to device manufacturers. I’ve written about this at length before. As I said previously, In order to argue ... Newsflash! Commercial contracts are often confidential (but that doesn’t make them anticompetitive)
Spicy Documents Serve up a Paltry Antitrust Meal
There is always a temptation for antitrust agencies and plaintiffs to center a case around so-called “hot” documents — typically company documents with a snippet or sound-bites extracted, some times out of context. Some practitioners argue that “[h]ot document can be crucial to the outcome of any antitrust matter.” Although “hot” documents can help catch ... Spicy Documents Serve up a Paltry Antitrust Meal
Tesla Wins Big in Massachusetts
On September 15, Tesla won a big victory in Massachusetts. As we have previously chronicled at length on TOTM ( see, e.g., here, here, here, here, here and here), the car dealers are waging a state-by-state ground war to prevent Tesla from bypassing them and distributing directly to consumers. The dealers invoke 1950s-era franchise protection laws that ... Tesla Wins Big in Massachusetts
Peter Thiel on the Virtues of Monopoly
PayPal co-founder Peter Thiel has a terrific essay in the Review section of today’s Wall Street Journal. The essay, Competition Is for Losers, is adapted from Mr. Thiel’s soon-to-be-released book, Zero to One: Notes on Startups, or How to Build the Future. Based on the title of the book, I assume it is primarily a how-to guide for entrepreneurs. ... Peter Thiel on the Virtues of Monopoly
Antitrust Enforcement in Reverse: Getting Efficiencies Backwards
A century ago Congress enacted the Clayton Act, which prohibits acquisitions that may substantially lessen competition. For years, the antitrust enforcement Agencies looked at only one part of the ledger – the potential for price increases. Agencies didn’t take into account the potential efficiencies in cost savings, better products, services, and innovation. One of the major ... Antitrust Enforcement in Reverse: Getting Efficiencies Backwards
