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Federalist Society and AALS talks this week

I’ll be headed to New Orleans tomorrow to participate in the Federalist Society Faculty Conference and the AALS Annual Meeting. For those attending and interested, I’ll be speaking at the Fed Soc on privacy and antitrust, and at AALS on Google and antitrust.  Details below.  I hope to see you there! Federalist Society: Seven-Minute Presentations ... Federalist Society and AALS talks this week

Congratulations to FTC Commissioner Josh Wright

All of us here at TOTM are thrilled to announce that the Senate yesterday confirmed Josh Wright to be the next Commissioner of the Federal Trade Commission. As I wrote upon Josh’s nomination: Josh is widely regarded as the top antitrust scholar of his generation. He is the author of more than 50 scholarly articles and ... Congratulations to FTC Commissioner Josh Wright

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

Tears for Tiers: Wyden’s “Data Cap” Restrictions Would Hurt, not Help, Internet Users

As Democrats insist that income taxes on the 1% must go up in the name of fairness, one Democratic Senator wants to make sure that the 1% of heaviest Internet users pay the same price as the rest of us. It’s ironic how confused social justice gets when the Internet’s involved. Senator Ron Wyden is ... Tears for Tiers: Wyden’s “Data Cap” Restrictions Would Hurt, not Help, Internet Users

Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check

A debate is brewing in Congress over whether to allow the Federal Trade Commission to sidestep decades of antitrust case law and economic theory to define, on its own, when competition becomes “unfair.” Unless Congress cancels the FTC’s blank check, uncertainty about the breadth of the agency’s power will chill innovation, especially in the tech ... Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check

Ending Transaction ‘Mission Creep’ at the FCC

by Larry Downes and Geoffrey A. Manne Now that the election is over, the Federal Communications Commission is returning to the important but painfully slow business of updating its spectrum management policies for the 21st century. That includes a process the agency started in September to formalize its dangerously unstructured role in reviewing mergers and ... Ending Transaction ‘Mission Creep’ at the FCC

“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 “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements.  Thus, for instance, libertarian law professor, Tom Bell, has written in the University of Illinois Journal of Law, ... The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

Hill Event on December 13: “CopyRIGHT: Can Free Marketeers Agree on Copyright Reform?”

 What promises to be an interesting and lively panel discussion on copyright will occur on the Hill on December 13.  Even better, it includes not one but two Truth on the Market bloggers–Geoff and me!  Come one, come all!    EVENT ADVISORY FOR IMMEDIATE RELEASE November 30, 2012 CONTACT: Will Rinehart (202) 599-0408 Register for ... Hill Event on December 13: “CopyRIGHT: Can Free Marketeers Agree on Copyright Reform?”

Section 5 of the FTC Act and monopolization cases: A brief primer

In the past two weeks, Members of Congress from both parties have penned scathing letters to the FTC warning of the consequences (both to consumers and the agency itself) if the Commission sues Google not under traditional antitrust law, but instead by alleging unfair competition under Section 5 of the FTC Act. The FTC is rumored to be ... Section 5 of the FTC Act and monopolization cases: A brief primer

The market realities that undermine the antitrust case against Google

As the Google antitrust discussion heats up on its way toward some culmination at the FTC, I thought it would be helpful to address some of the major issues raised in the case by taking a look at what’s going on in the market(s) in which Google operates. To this end, I have penned a ... The market realities that undermine the antitrust case against Google

My latest article: A Signaling Theory of Law

Available here.  Although not the first article to build on Orin Kerr’s brilliant paper, A Theory of Law (blog post here) (that honor belongs to Josh Blackman’s challenging and thought-provoking paper, My Own Theory of the Law) (blog post here), I think this is an important contribution to this burgeoning field.  It’s still a working paper, though, ... My latest article: A Signaling Theory of Law