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In Memoriam: Fred McChesney
As many Truth on the Market readers likely know, law and economics scholar, Fred McChesney, passed away last month. As we prepare to lay Fred to rest later this week, I have asked some of Fred’s friends and colleagues to contribute their thoughts about Fred’s life, and his influence as a scholar and as a ... In Memoriam: Fred McChesney
ICLE urges Supreme Court to review DC Circuit decision in Open Internet Order case
Today the International Center for Law & Economics (ICLE) submitted an amicus brief urging the Supreme Court to review the DC Circuit’s 2016 decision upholding the FCC’s 2015 Open Internet Order. The brief was authored by Geoffrey A. Manne, Executive Director of ICLE, and Justin (Gus) Hurwitz, Assistant Professor of Law at the University of Nebraska ... ICLE urges Supreme Court to review DC Circuit decision in Open Internet Order case
Inter Partes Review Jeopardizes the Social Contract between Drug Makers and Patients
It’s been six weeks since drug maker Allergan announced that it had assigned to the Saint Regis Mohawk Tribe the patents on Restasis, an Allergan drug challenged both in IPR proceedings and in Hatch-Waxman proceedings in federal district court. The unorthodox agreement was intended to shield the patents from IPR proceedings (and thus restrict the ... Inter Partes Review Jeopardizes the Social Contract between Drug Makers and Patients
Strong Patent Protection Promotes Strong Economies
In her distinguished tenure as a Commissioner and as Acting Chairman of the FTC, Maureen Ohlhausen has done an outstanding job in explaining the tie between robust patent protection and economic growth and innovation (see, for example, her Harvard Journal of Law and Technology article, here). Her latest public pronouncement on this topic, an October ... Strong Patent Protection Promotes Strong Economies
IMG-Learfield: An antitrust reality check on two-sided market mergers
Yesterday Learfield and IMG College inked their recently announced merger. Since the negotiations were made public several weeks ago, the deal has garnered some wild speculation and potentially negative attention. Now that the merger has been announced, it’s bound to attract even more attention and conjecture. On the field of competition, however, the market realities ... IMG-Learfield: An antitrust reality check on two-sided market mergers
Single Firm Conduct: European Competition Policy, the European Court of Justice, and Brexit
In recent years, the European Union’s (EU) administrative body, the European Commission (EC), increasingly has applied European competition law in a manner that undermines free market dynamics. In particular, its approach to “dominant” firm conduct disincentivizes highly successful companies from introducing product and service innovations that enhance consumer welfare and benefit the economy – merely ... Single Firm Conduct: European Competition Policy, the European Court of Justice, and Brexit
Developing an Economically Efficient American Trade Policy to Deal with Distortionary Government Subsidies: Brexit and Beyond
U.S. international trade law has various statutory mechanisms to deal with unfair competition. Regrettably, American trade law (and, for that matter, the trade laws of other nations) has a history of being deployed in a mercantilist fashion to further the interests of American producer interests, rather than consumer interests and aggregate economic welfare. That need ... Developing an Economically Efficient American Trade Policy to Deal with Distortionary Government Subsidies: Brexit and Beyond
The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition
In a recent post at the (appallingly misnamed) ProMarket blog (the blog of the Stigler Center at the University of Chicago Booth School of Business — George Stigler is rolling in his grave…), Marshall Steinbaum keeps alive the hipster-antitrust assertion that lax antitrust enforcement — this time in the labor market — is to blame ... The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition
The Allergan-Mohawk deal: An ingenious strategy to avoid an unbalanced IPR process
Last Friday, drug maker Allergan and the Saint Regis Mohawk Tribe announced that they had reached an agreement under which Allergan assigned the patents on its top-selling drug Restasis to the tribe and, in return, Allergan was given the exclusive license on the Restasis patents so that it can continue producing and distributing the drug. ... The Allergan-Mohawk deal: An ingenious strategy to avoid an unbalanced IPR process
How a Patent Office Agency Undermines Patent Rights and Cripples Innovation – and What Can Be Done About It
On August 14, the Federalist Society’s Regulatory Transparency Project released a report detailing the harm imposed on innovation and property rights by the Patent Trial and Appeals Board, a Patent and Trademark Office patent review agency created by the infelicitously-named “America Invents Act” of 2011. As the report’s abstract explains: Patents are property rights secured ... How a Patent Office Agency Undermines Patent Rights and Cripples Innovation – and What Can Be Done About It
Democratic Party “Better Deal” Antitrust Proposals Would be a “Worse Deal” for the American Economy and Consumers
On July 24, as part of their newly-announced “Better Deal” campaign, congressional Democrats released an antitrust proposal (“Better Deal Antitrust Proposal” or BDAP) entitled “Cracking Down on Corporate Monopolies and the Abuse of Economic and Political Power.” Unfortunately, this antitrust tract is really an “Old Deal” screed that rehashes long-discredited ideas about “bigness is badness” ... Democratic Party “Better Deal” Antitrust Proposals Would be a “Worse Deal” for the American Economy and Consumers
When Should the Government Provide Public Goods?
My new book, How to Regulate: A Guide for Policymakers, will be published in a few weeks. A while back, I promised a series of posts on the book’s key chapters. I posted an overview of the book and a description of the book’s chapter on externalities. I then got busy on another writing project ... When Should the Government Provide Public Goods?
