The Archives

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

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Tech Expertise in Congress, Additional Thoughts

I’m of two minds on the issue of tech expertise in Congress. Yes there is good evidence that members of Congress and Congressional staff don’t have broad technical expertise. Scholars Zach Graves and Kevin Kosar have detailed these problems, as well as Travis Moore who wrote, “Of the 3,500 legislative staff on the Hill, I’ve ... Tech Expertise in Congress, Additional Thoughts

The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry

Last week, Senator Orrin Hatch, Senator Thom Tillis, and Representative Bill Flores introduced the Hatch-Waxman Integrity Act of 2018 (HWIA) in both the Senate and the House of Representatives.  If enacted, the HWIA would help to ensure that the unbalanced inter partes review (IPR) process does not stifle innovation in the drug industry and jeopardize ... The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry

Economies of scale in homeless camp cleanups with some fishy results

“Our City has become a cesspool,” according Portland police union president, Daryl Turner. He was describing efforts to address the city’s large and growing homelessness crisis. Portland Mayor Ted Wheeler defended the city’s approach, noting that every major city, “all the way up and down the west coast, in the Midwest, on the East Coast, ... Economies of scale in homeless camp cleanups with some fishy results

Increased e-cigarette regulation increases barriers to health

The Food and Drug Administration has spoken, and its words have, once again, ruffled many feathers. Coinciding with the deadline for companies to lay out their plans to prevent youth access to e-cigarettes, the agency has announced new regulatory strategies that are sure to not only make it more difficult for young people to access ... Increased e-cigarette regulation increases barriers to health

Drifting toward nonsense on EU vs. US competitiveness: The profits puzzle

A recent NBER working paper by Gutiérrez & Philippon has attracted attention from observers who see oligopoly everywhere and activists who want governments to more actively “manage” competition. The analysis in the paper is fundamentally flawed and should not be relied upon by policymakers, regulators, or anyone else. As noted in my earlier post, Gutiérrez ... Drifting toward nonsense on EU vs. US competitiveness: The profits puzzle

EU markets are more competitive than U.S. markets? Not so fast

A recent NBER working paper by Gutiérrez & Philippon attempts to link differences in U.S. and EU antitrust enforcement and product market regulation to differences in market concentration and corporate profits. The paper’s abstract begins with a bold assertion: Until the 1990’s, US markets were more competitive than European markets. Today, European markets have lower ... EU markets are more competitive than U.S. markets? Not so fast

A brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT

An important but unheralded announcement was made on October 10, 2018: The European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) released a draft CEN CENELAC Workshop Agreement (CWA) on the licensing of Standard Essential Patents (SEPs) for 5G/Internet of Things (IoT) applications. The final agreement, due to be published in ... A brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT

UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, could have the sale of its products enjoined in the UK unless it enters into ... UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Don’t Miss the 2018 ICLE/Leeds Competition Law Conference: Have We Exceeded the Limits of Antitrust?

REGISTER HERE for the much-anticipated 2018 ICLE/Leeds competition law conference, this Friday and Saturday in Washington, DC. NB: We’ve been approved for 8 credit hours of VA MCLE The conference agenda is below. We hope to see you there!

Vapor products, smoking, and harm reduction policies: Recent blog posts

Over the past few weeks, Truth on the Market has had several posts related to harm reduction policies, with a focus on tobacco, e-cigarettes, and other vapor products: Vapor products, harm reduction, and taxation: More questions than answers for a young and dynamic product market Applying harm reduction to smoking The political economy of vaping ... Vapor products, smoking, and harm reduction policies: Recent blog posts

The Amazon investigation and Europe’s “Big Tech” Crusade

The dust has barely settled on the European Commission’s record-breaking €4.3 Billion Google Android fine, but already the European Commission is gearing up for its next high-profile case. Last month, Margrethe Vestager dropped a competition bombshell: the European watchdog is looking into the behavior of Amazon. Should the Commission decide to move further with the ... The Amazon investigation and Europe’s “Big Tech” Crusade

The DOJ’s Approval of the CVS/Aetna Merger and Vertical Innovation by Incumbents

Last week, the DOJ cleared the merger of CVS Health and Aetna (conditional on Aetna’s divesting its Medicare Part D business), a merger that, as I previously noted at a House Judiciary hearing, “presents a creative effort by two of the most well-informed and successful industry participants to try something new to reform a troubled ... The DOJ’s Approval of the CVS/Aetna Merger and Vertical Innovation by Incumbents