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Farewell

On Monday, April 2, I will leave the Heritage Foundation to enter federal government service.  Accordingly, today I am signing off as a regular contributor to Truth on the Market.  First and foremost, I owe a great debt of gratitude to Geoff Manne, who was kind enough to afford me access to TOTM.  Geoff’s outstanding ... Farewell

Do biased stats provide bogus economics? A primer on publication bias and power

If you do research involving statistical analysis, you’ve heard of John Ioannidis. If you haven’t heard of him, you will. He’s gone after the fields of medicine, psychology, and economics. He may be coming for your field next. Ioannidis is after bias in research. He is perhaps best known for a 2005 paper “Why Most ... Do biased stats provide bogus economics? A primer on publication bias and power

The International Competition Network at Seventeen

Introduction Last week I attended the 17th Annual Conference of the International Competition Network (ICN) held in New Delhi, India from March 21-23.  The Delhi Conference highlighted the key role of the ICN in promoting global convergence toward “best practices” in substantive and procedural antitrust analysis by national antitrust (“competition”) agencies.  The ICN operates as ... The International Competition Network at Seventeen

Soylent Analytica: The Graph is too Damn Open

The world discovered something this past weekend that the world had already known: that what you say on the Internet stays on the Internet, spread intractably and untraceably through the tendrils of social media. I refer, of course, to the Cambridge Analytica/Facebook SNAFU (or just Situation Normal): the disclosure that Cambridge Analytica, a company used ... Soylent Analytica: The Graph is too Damn Open

Causing harm in the name of safety: Political opposition to non-combustible tobacco products

In January a Food and Drug Administration advisory panel, the Tobacco Products Scientific Advisory Committee (TPSAC), voted 8-1 that the weight of scientific evidence shows that switching from cigarettes to an innovative, non-combustible tobacco product such as Philip Morris International’s (PMI’s) IQOS system significantly reduces a user’s exposure to harmful or potentially harmful chemicals. This ... Causing harm in the name of safety: Political opposition to non-combustible tobacco products

The Ninth Circuitโ€™s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses

The U.S. Federal Trade Commission’s (FTC) well-recognized expertise in assessing unfair or deceptive acts or practices can play a vital role in policing abusive broadband practices.  Unfortunately, however, because Section 5(a)(2) of the FTC Act exempts common carriers from the FTC’s jurisdiction, serious questions have been raised about the FTC’s authority to deal with unfair ... The Ninth Circuitโ€™s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses

A Judicial Nod to Empirically-Based Regulation

The cause of basing regulation on evidence-based empirical science (rather than mere negative publicity) – and of preventing regulatory interference with First Amendment commercial speech rights – got a judicial boost on February 26. Specifically, in National Association of Wheat Growers et al. v. Zeise (Monsanto Case), a California federal district court judge preliminarily enjoined ... A Judicial Nod to Empirically-Based Regulation

Foreign Export Cartels, Comity, and the Separation of Powers

Over the last two decades, the United States government has taken the lead in convincing jurisdictions around the world to outlaw “hard core” cartel conduct.  Such cartel activity reduces economic welfare by artificially fixing prices and reducing the output of affected goods and services.  At the same, the United States has acted to promote international ... Foreign Export Cartels, Comity, and the Separation of Powers

Trade Agreements and Restatements as End Runs Around the Rule of Law

The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s contribution to our daily lives is hard to overstate. Moving forward there is undoubtedly much more that we can and will do with the Internet, and ... Trade Agreements and Restatements as End Runs Around the Rule of Law

A Windfall for Insurers in the Medicare Part D Coverage Gap

The two-year budget plan passed last week makes important changes to payment obligations in the Medicare Part D coverage gap, also known as the donut hole.  While the new plan produces a one-year benefit for seniors by reducing what they pay a year earlier than was already mandated, it permanently shifts much of the drug ... A Windfall for Insurers in the Medicare Part D Coverage Gap

Google’s India case and a return to consumer-focused antitrust

What happened Today, following a six year investigation into Google’s business practices in India, the Competition Commission of India (CCI) issued its ruling. Two things, in particular, are remarkable about the decision. First, while the CCI’s staff recommended a finding of liability on a litany of claims (the exact number is difficult to infer from ... Google’s India case and a return to consumer-focused antitrust

Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary

On January 23rd, the Heritage Foundation convened its Fourth Annual Antitrust Conference, “Trump Antitrust Policy after One Year.”  The entire Conference can be viewed online (here).  The Conference featured a keynote speech, followed by three separate panels that addressed  developments at the Federal Trade Commission (FTC), at the Justice Department’s Antitrust Division (DOJ), and in ... Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary