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Online Privacy Regulation: A Tale of Two U.S. Agencies (and Some Foreign Bureaucrats)
In recent years much ink has been spilled on the problem of online privacy breaches, involving the unauthorized use of personal information transmitted over the Internet. Internet privacy concerns are warranted. According to a 2016 National Telecommunications and Information Administration survey of Internet-using households, 19 percent of such households (representing nearly 19 million households) reported ... Online Privacy Regulation: A Tale of Two U.S. Agencies (and Some Foreign Bureaucrats)
Everything is amazing — and no one at the European Commission is happy
Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. Regulatory authorities in the United States, France, the United Kingdom, Canada, Brazil, and South Korea have all opened and rejected similar antitrust claims. ... Everything is amazing — and no one at the European Commission is happy
Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy
The Global Antitrust Institute (GAI) at George Mason University Law School (officially the “Antonin Scalia Law School at George Mason University” as of July 1st) is doing an outstanding job at providing sound law and economics-centered advice to foreign governments regarding their proposed antitrust laws and guidelines. The GAI’s latest inspired filing, released on July ... Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy
The FCC’s proposed broadband privacy rules are still devoid of sufficient evidence or analysis
Yesterday, the International Center for Law & Economics filed reply comments in the docket of the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics: Babette E. Boliek, Associate Professor of Law, Pepperdine School of Law Adam Candeub, Professor of Law, Michigan State University College of ... The FCC’s proposed broadband privacy rules are still devoid of sufficient evidence or analysis
The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
About a month ago, I was asked by some friends about the shift from the first-to-invent patent system to a first-to-file patent system in the America Invents Act of 2011 (AIA). I was involved briefly in the policy debates in the spring of 2011 leading up to the enactment of the AIA, and so this ... The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
Trimming the Sails of the Administrative State
In the wake of the recent OIO decision, separation of powers issues should be at the forefront of everyone’s mind. In reaching its decision, the DC Circuit relied upon Chevron to justify its extreme deference to the FCC. The court held, for instance, that Our job is to ensure that an agency has acted “within ... Trimming the Sails of the Administrative State
Critics of health insurance mergers misapply the evidence and misinterpret the market
As regulatory review of the merger between Aetna and Humana hits the homestretch, merger critics have become increasingly vocal in their opposition to the deal. This is particularly true of a subset of healthcare providers concerned about losing bargaining power over insurers. Fortunately for consumers, the merger appears to be well on its way to ... Critics of health insurance mergers misapply the evidence and misinterpret the market
Fracking, the Separation of Powers, Economic Welfare, and the Role of the Public (Or Mirabile Dictu! An Obama-Appointed Federal Judge Who Believes in the Separation of Powers)
An interesting thing happened on June 21st. Scott Skavdahl, a federal district court judge appointed by President Barack Obama, invalidated the “Fracking Rule” adopted by the Interior Department’s Bureau of Land Management (BLM). Even more interesting, however, was the fact that, in so holding, the judge relied heavily on a rather dusty, moth-eaten eighteenth century ... Fracking, the Separation of Powers, Economic Welfare, and the Role of the Public (Or Mirabile Dictu! An Obama-Appointed Federal Judge Who Believes in the Separation of Powers)
Brexit, Competition, and Economic Welfare
A key issue raised by the United Kingdom’s (UK) withdrawal from the European Union (EU) – popularly referred to as Brexit – is its implications for competition and economic welfare. The competition issue is rather complex. Various potentially significant UK competition policy reforms flowing from Brexit that immediately suggest themselves are briefly summarized below. (These ... Brexit, Competition, and Economic Welfare
Robust Patent and Copyright Systems Promote a Strong U.S. Economy – and Are Consistent with Originalist Understandings of the Constitution
In a Heritage Foundation Legal Memorandum released today, I explore both the “constitutionalist” as well as utilitarian, economic-welfare-oriented justifications for robust U.S. patent and copyright systems. The Memorandum explains: Intellectual property (IP) is increasingly important to the American private economy, and a discussion of the appropriate public policy toward IP is timely, particularly given the ... Robust Patent and Copyright Systems Promote a Strong U.S. Economy – and Are Consistent with Originalist Understandings of the Constitution
Welcome guest blogger David Olson
I’m delighted to announce that David Olson will be guest blogging at Truth on the Market this summer. David is an Associate Professor at Boston College Law School. He teaches antitrust, patents, and intellectual property law. Professor Olson’s writing has been cited in Supreme Court and other legal opinions. Olson came to Boston College from Stanford ... Welcome guest blogger David Olson
U.S. Food and Drug Administration (FDA) Reforms Needed to Promote Path-Breaking Biopharmaceutical Innovation
Yesterday the Heritage Foundation published a Legal Memorandum, in which I explain the need for the reform of U.S. Food and Drug Administration (FDA) regulation, in order to promote path-breaking biopharmaceutical innovation. Highlights of this Legal Memorandum are set forth below. In recent decades, U.S. and foreign biopharmaceutical companies (makers of drugs that are based ... U.S. Food and Drug Administration (FDA) Reforms Needed to Promote Path-Breaking Biopharmaceutical Innovation
