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Targeting Federal Agency Regulatory Overreach through the Congressional Review Act (CRA)
On February 22, 2017, an all-star panel at the Heritage Foundation discussed “Reawakening the Congressional Review Act” – a statute which gives Congress sixty legislative days to disapprove a proposed federal rule (subject to presidential veto), under an expedited review process not subject to Senate filibuster. Until very recently, the CRA was believed to apply ... Targeting Federal Agency Regulatory Overreach through the Congressional Review Act (CRA)
The FTC Takes on “Petitioning” of Government as an Anticompetitive Exclusionary Tactic
Background Some of the most pernicious and welfare-inimical anticompetitive activity stems from the efforts of firms to use governmental regulation to raise rivals’ costs or totally exclude them from the market (see, for example, here). The surest cure to such economic harm is, of course, the elimination or reform of anticompetitive government laws and regulations, ... The FTC Takes on “Petitioning” of Government as an Anticompetitive Exclusionary Tactic
Fair use’s fatal conceit
My colleague, Neil Turkewitz, begins his fine post for Fair Use Week (read: crashing Fair Use Week) by noting that Many of the organizations celebrating fair use would have you believe, because it suits their analysis, that copyright protection and the public interest are diametrically opposed. This is merely a rhetorical device, and is a ... Fair use’s fatal conceit
Legatum Institute’s Special Trade Commission Advances Brexit Policies Designed to Promote Economic Freedom and Prosperity – for the United Kingdom and (Eventually) the World
The Legatum Institute (Legatum) is “an international think tank based in London and a registered UK charity [that] . . . focuses on understanding, measuring, and explaining the journey from poverty to prosperity for individuals, communities, and nations.” Legatum’s annual “Legatum Prosperity Index . . . measure[s] and track[s] the performance of 149 countries of ... Legatum Institute’s Special Trade Commission Advances Brexit Policies Designed to Promote Economic Freedom and Prosperity – for the United Kingdom and (Eventually) the World
How to Regulate: Externalities
Following is the second in a series of posts on my forthcoming book, How to Regulate: A Guide for Policy Makers (Cambridge Univ. Press 2017). The initial post is here. As I mentioned in my first post, How to Regulate examines the market failures (and other private ordering defects) that have traditionally been invoked as ... How to Regulate: Externalities
The song remains the same: Exceptionalists against the application of the law
In a recent article for the San Francisco Daily Journal I examine Google v. Equustek: a case currently before the Canadian Supreme Court involving the scope of jurisdiction of Canadian courts to enjoin conduct on the internet. In the piece I argue that a globally interconnected system of free enterprise must operationalize the rule of law through continuous ... The song remains the same: Exceptionalists against the application of the law
ABA Antitrust Section Transition Report: A Respectful Critique
The American Bar Association Antitrust Section’s Presidential Transition Report (“Report”), released on January 24, provides a helpful practitioners’ perspective on the state of federal antitrust and consumer protection enforcement, and propounds a variety of useful recommendations for marginal improvements in agency practices, particularly with respect to improving enforcement transparency and reducing enforcement-related costs. It also ... ABA Antitrust Section Transition Report: A Respectful Critique
How to Regulate: An Overview
So I’ve just finished writing a book (hence my long hiatus from Truth on the Market). Now that the draft is out of my hands and with the publisher (Cambridge University Press), I figured it’s a good time to rejoin my colleagues here at TOTM. To get back into the swing of things, I’m planning ... How to Regulate: An Overview
Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement
The Federal Trade Commission’s (FTC) regrettable January 17 filing of a federal court injunctive action against Qualcomm, in the waning days of the Obama Administration, is a blow to its institutional integrity and well-earned reputation as a top notch competition agency. Stripping away the semantic gloss, the heart of the FTC’s complaint is that Qualcomm ... Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement
Understanding government negotiation of Medicare drug prices
In a weekend interview with the Washington Post, Donald Trump vowed to force drug companies to negotiate directly with the government on prices in Medicare and Medicaid. It’s unclear what, if anything, Trump intends for Medicaid; drug makers are already required to sell drugs to Medicaid at the lowest price they negotiate with any other buyer. ... Understanding government negotiation of Medicare drug prices
FTC Economists’ Paper Discredits Claims of Inappropriately “Weak” Merger Enforcement
During 2016 it became fashionable in certain circles to decry “lax” merger enforcement and to call for a more aggressive merger enforcement policy (see, for example, the American Antitrust Institute’s September 2016 paper on competition policy, critiqued by me in this blog post). Interventionists promoting “tougher” merger enforcement have cited Professor John Kwoka’s 2015 book, ... FTC Economists’ Paper Discredits Claims of Inappropriately “Weak” Merger Enforcement
What Will Trump Antitrust Be Like? Come to Heritage on January 24 and Find Out
During a presidential transition, it is an old Washington parlor game to discuss public policy tweaks and personnel changes, with speculation often focusing on former political appointees who are linked to the new President. But with the election of Donald Trump, who has not previously served in government, many pundits’ crystal balls may be a ... What Will Trump Antitrust Be Like? Come to Heritage on January 24 and Find Out
