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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 Ohlhausenโs 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 Ohlhausenโs 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 Economistsโ Paper Discredits Claims of Inappropriately โWeakโ 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 Economistsโ Paper Discredits Claims of Inappropriately โWeakโ 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
Public Knowledgeโs Lonely Echo Chamber of Copyright Advocacy
Yesterday the Chairman and Ranking Member of the House Judiciary Committee issued the first set of policy proposals following their long-running copyright review process. These proposals were principally aimed at ensuring that the IT demands of the Copyright Office were properly met so that it could perform its assigned functions, and to provide adequate authority ... Public Knowledgeโs Lonely Echo Chamber of Copyright Advocacy
Supreme Courtโs Samsung v. Apple Decision and the Status of Design Patents
On December 6 the U.S. Supreme Court handed down its much anticipated decision in Samsung Electronic Co. v. Apple Inc. The opinion deferred for another day clarification of key policy questions raised by the design patent system. Writing for a unanimous Court, Justice Sonia Sotomayor reversed and remanded a Federal Circuit decision upholding a $399 ... Supreme Courtโs Samsung v. Apple Decision and the Status of Design Patents
When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers
I just posted a new ICLE white paper, co-authored with former ICLE Associate Director, Ben Sperry: When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers. Yesterday the hearing in the DOJ’s challenge to stop the Aetna-Humana merger got underway, and last week phase 1 of the Cigna-Anthem merger trial ... When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers
Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom
The Senate should not reconfirm Jessica Rosenworcel to the Federal Communications Commission (FCC), in order to allow the Trump Administration to usher in needed reforms in the critical area of communications policy. As documented by the Free State Foundation (FSF) and other supporters of free markets, the Obama Administration’s FCC has done a dismal job ... Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom
What’s next for the pharmaceutical industry?
On November 9, pharmaceutical stocks soared as Donald Trump’s election victory eased concerns about government intervention in drug pricing. Shares of Pfizer rose 8.5%, Allergan PLC was up 8%, and biotech Celgene jumped 10.4%. Drug distributors also gained, with McKesson up 6.4% and Express Scripts climbing 3.4%. Throughout the campaign, Clinton had vowed to take on ... What’s next for the pharmaceutical industry?
December 6 Heritage Foundation Program on IP Rights, Competition, and Due Process Overseas: Attend or Watch
In recent years, aggressive antitrust enforcement overseas has increasingly targeted some of America’s most successful and innovative companies, such as Apple, Google, Microsoft, and Qualcomm. Inadequate foreign due process and insufficient protection for American intellectual property rights are a feature of many foreign antitrust actions, which threaten to undermine key American producers – harming U.S. ... December 6 Heritage Foundation Program on IP Rights, Competition, and Due Process Overseas: Attend or Watch
Competition Policy for a New Administration
As Truth on the Market readers prepare to enjoy their Thanksgiving dinners, let me offer some (hopefully palatable) “food for thought” on a competition policy for the new Trump Administration. In referring to competition policy, I refer not just to lawsuits directed against private anticompetitive conduct, but more broadly to efforts aimed at curbing government ... Competition Policy for a New Administration
