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Senate Bill Provides Remedy for Regulatory Abuse Keeping Generics Off the Market
I’d like to begin by discussing Geoff’s post on the pending legislative proposals designed to combat strategic abuse of drug safety regulations to prevent generic competition. Specifically, I’d like to address the economic incentive structure that is in effect in this highly regulated market. Like many others, I first noticed the abuse of drug safety ... Senate Bill Provides Remedy for Regulatory Abuse Keeping Generics Off the Market
Will the Supreme Court’s Halo Electronics Decision Have a Desirable Halo Effect, Reducing Incentives to Infringe Patents?
The U.S. Supreme Court’s unanimous June 13 decision (per Chief Justice John Roberts) in Halo Electronics v. Pulse Electronics, overturning the Federal Circuit’s convoluted Seagate test for enhanced damages, is good news for patent holders. By reducing the incentives for intentional patent infringement (due to the near impossibility of obtaining punitive damages relief under Seagate), ... Will the Supreme Court’s Halo Electronics Decision Have a Desirable Halo Effect, Reducing Incentives to Infringe Patents?
Senator Lee’s prescription for regulatory failure in the generic drug market
Brand drug manufacturers are no strangers to antitrust accusations when it comes to their complicated relationship with generic competitors — most obviously with respect to reverse payment settlements. But the massive and massively complex regulatory scheme under which drugs are regulated has provided other opportunities for regulatory legerdemain with potentially anticompetitive effect, as well. In ... Senator Lee’s prescription for regulatory failure in the generic drug market
Legatum Institute Publishes an Eye-Opening Case Study on the Benefits of Eliminating Anticompetitive Market Distortions (ACMDs) in India
In a recent Truth on the Market blog posting, I summarized the discussion at a May 17 Heritage Foundation program on the problem of anticompetitive market distortions (ACMDs), featuring Shanker Singham of the Legatum Institute (a market-oriented London think tank) and me. The program highlighted the topic of anticompetitive government-imposed laws and regulations (which Singham ... Legatum Institute Publishes an Eye-Opening Case Study on the Benefits of Eliminating Anticompetitive Market Distortions (ACMDs) in India
The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry
The Consumer Financial Protection Bureau (CFPB) is, to say the least, a controversial agency. As documented by such experts as Scalia Law School Professor Todd Zywicki, the CFPB imposes enormous costs on consumers and financial service providers through costly and unwarranted command-and-control regulation. Furthermore, as I explained in a February 2016 Heritage Foundation legal memorandum, ... The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry
Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute
Public policies that rely on free-market forces and avoid government interventions that distort terms of international trade benefit producers, consumers, and national economies alike. The full benefits of international trade will not be realized, however, if sales and purchase decisions are distorted by anticompetitive behavior or other illegitimate commercial conduct (such as theft, fraud, or ... Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute
The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis
Last week the International Center for Law & Economics filed comments on 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 Law Justin (Gus) Hurwitz, Assistant Professor of ... The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis
Congressional testimony on legislative reform proposals for the FTC
Earlier this week I testified before the U.S. House Subcommittee on Commerce, Manufacturing, and Trade regarding several proposed FTC reform bills. You can find my written testimony here. That testimony was drawn from a 100 page report, authored by Berin Szoka and me, entitled “The Federal Trade Commission: Restoring Congressional Oversight of the Second National Legislature — An ... Congressional testimony on legislative reform proposals for the FTC
The Third Circuit pushes back on FCC’s unjustified rule on joint sales agreements
While we all wait on pins and needles for the DC Circuit to issue its long-expected ruling on the FCC’s Open Internet Order, another federal appeals court has pushed back on Tom Wheeler’s FCC for its unremitting “just trust us” approach to federal rulemaking. The case, round three of Prometheus, et al. v. FCC, involves ... The Third Circuit pushes back on FCC’s unjustified rule on joint sales agreements
The Mounting Costs of Antidumping Laws: Time for Action?
In a 2015 Heritage Foundation Backgrounder, I argued for a reform of the United States antidumping (AD) law, which allows for the imposition of additional tariffs on “unfairly” low-priced imports. Although the original justification for American AD law was to prevent anticompetitive predation by foreign producers, I explained that the law as currently designed and ... The Mounting Costs of Antidumping Laws: Time for Action?
Combatting Anticompetitive Market Distortions: An Update
I have previously written at this site (see here, here, and here) and elsewhere (see here, here, and here) about the problem of anticompetitive market distortions (ACMDs), government-supported (typically crony capitalist) rules that weaken the competitive process, undermine free trade, slow economic growth, and harm consumers. On May 17, the Heritage Foundation hosted a presentation ... Combatting Anticompetitive Market Distortions: An Update
Level Heads Continue to Prevail: MPAA to be a “Trusted Notifier” With Radix
As we noted in our issue brief on the impending ICANN transition, given the vast scope of the problem, voluntary relationships between registries, registrars and private industry will be a critical aspect of controlling online piracy. Last week the MPAA and registry operator Radix announced a new “trusted notifier” program under which the MPAA will ... Level Heads Continue to Prevail: MPAA to be a “Trusted Notifier” With Radix
