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The Unreasonable Demands of Antitrust Populism
A panelist brought up an interesting tongue-in-cheek observation about the rising populist antitrust movement at a Heritage antitrust event this week. To the extent that the new populist antitrust movement is broadly concerned about effects on labor and wage depression, then, in principle, it should also be friendly to cartels. Although counterintuitive, employees have long ... The Unreasonable Demands of Antitrust Populism
Existing Antitrust Tools are Perfectly Adequate to Deal with the New โWinner-Take-Allโ Economy
Are current antitrust tools fully adequate to cope with the challenges posed by giant online “digital platforms” (such as Google, Amazon, and Facebook)? Yes. Should antitrust rules be expanded to address broader social concerns that transcend consumer welfare and economic efficiency, such as income inequality and allegedly excessive big business influence on the political process? ... Existing Antitrust Tools are Perfectly Adequate to Deal with the New โWinner-Take-Allโ Economy
Hear from Past and Present Antitrust Agency Leaders at the Fourth Annual Heritage Antitrust Conference, January 23, 2018: Still Time to Register!
On January 23rd, for the fourth consecutive year, The Heritage Foundation will host a one-day antitrust conference that focuses on major thematic developments in domestic and international antitrust policy. The conference pulls together leaders of the antitrust bar and top current and former Federal Trade Commission (FTC) and Justice Department (DOJ) officials to provide an ... Hear from Past and Present Antitrust Agency Leaders at the Fourth Annual Heritage Antitrust Conference, January 23, 2018: Still Time to Register!
The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
On December 1, 2017, in granting certiorari in Salt River Project Agricultural Improvement and Power District v. SolarCity Corp., the U.S. Supreme Court agreed to consider “whether orders denying antitrust state-action immunity to public entities are immediately appealable under the collateral-order doctrine.” At first blush, this case might appear to involve little more than a ... The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
The year ahead in drug pricing.
Last week, several major drug makers marked the new year by announcing annual increases on list prices. In addition to drug maker Allergan—which pledged last year to confine price increases below 10 percent and, true to its word, reported 2018 price increases of 9.5 percent—several other companies also stuck to single-digit increases. Although list or “sticker” ... The year ahead in drug pricing.
Second Circuitโs BMI Decision Commendably Overturns the Justice Departmentโs Interference with Efficient Contracting in Performance Rights Licensing
Introduction and Summary On December 19, 2017, the U.S. Court of Appeals for the Second Circuit presented Broadcast Music, Inc. (BMI) with an early Christmas present. Specifically, the Second Circuit commendably affirmed the District Court for the Southern District of New York’s September 2016 ruling rejecting the U.S. Department of Justice’s (DOJ) August 2016 reinterpretation ... Second Circuitโs BMI Decision Commendably Overturns the Justice Departmentโs Interference with Efficient Contracting in Performance Rights Licensing
A Pro-Free Market Approach to Brexit Negotiations Is Key
The terms of the United Kingdom’s (UK) exit from the European Union (EU) – “Brexit” – are of great significance not just to UK and EU citizens, but for those in the United States and around the world who value economic liberty (see my Heritage Foundation memorandum giving the reasons why, here). If Brexit is ... A Pro-Free Market Approach to Brexit Negotiations Is Key
The destiny of telecom regulation is antitrust
This week the FCC will vote on Chairman Ajit Pai’s Restoring Internet Freedom Order. Once implemented, the Order will rescind the 2015 Open Internet Order and return antitrust and consumer protection enforcement to primacy in Internet access regulation in the U.S. In anticipation of that, earlier this week the FCC and FTC entered into a ... The destiny of telecom regulation is antitrust
Abandon Title II, Return to Antitrust
Just in time for tomorrow’s FCC vote on repeal of its order classifying Internet Service Providers as common carriers, the St. Louis Post-Dispatch has published my op-ed entitled The FCC Should Abandon Title II and Return to Antitrust. Here’s the full text: The Federal Communications Commission (FCC) will soon vote on whether to repeal an ... Abandon Title II, Return to Antitrust
FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection
As the Federal Communications (FCC) prepares to revoke its economically harmful “net neutrality” order and replace it with a free market-oriented “Restoring Internet Freedom Order,” the FCC and the Federal Trade Commission (FTC) commendably have announced a joint policy for cooperation on online consumer protection. According to a December 11 FTC press release: The Federal ... FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection
An ambitious AG, a disgruntled competitor, and the contrived antitrust case against Google in Missouri
The populists are on the march, and as the 2018 campaign season gets rolling we’re witnessing more examples of political opportunism bolstered by economic illiteracy aimed at increasingly unpopular big tech firms. The latest example comes in the form of a new investigation of Google opened by Missouri’s Attorney General, Josh Hawley. Mr. Hawley — ... An ambitious AG, a disgruntled competitor, and the contrived antitrust case against Google in Missouri
Pai’s Right on Net Neutrality and Title II
As I explain in my new book, How to Regulate, sound regulation requires thinking like a doctor. When addressing some “disease” that reduces social welfare, policymakers should catalog the available “remedies” for the problem, consider the implementation difficulties and “side effects” of each, and select the remedy that offers the greatest net benefit. If we ... Pai’s Right on Net Neutrality and Title II
