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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 โTrusted Notifierโ 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 โTrusted Notifierโ With Radix
Trade Secret Protection Gets a Federal Shot in the Arm
Trade secrets are frequently one of the most powerful forms of intellectual property that a company has in its competitive arsenal. Particularly given the ongoing interest in whittling away at the property rights of patent holders (e.g. the enhanced IPR process, and even the more tame VENUE Act), trade secrets are a critical means for ... Trade Secret Protection Gets a Federal Shot in the Arm
Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges
Introduction In my role as a “non-governmental advisor” (NGA), I was privileged to attend and participate actively in the 15th Annual ICN Conference, held in Singapore from April 26-29. (I have blogged previously on ICN annual conferences and policy initiatives, see here, here, and here.) As a virtual network of national competition law agencies (“national ... Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges
Pushing Ad Networks Out of Business: Yershov v. Gannett and the War Against Online Platforms
The lifecycle of a law is a curious one; born to fanfare, a great solution to a great problem, but ultimately doomed to age badly as lawyers seek to shoehorn wholly inappropriate technologies and circumstances into its ambit. The latest chapter in the book of badly aging laws comes to us courtesy of yet another ... Pushing Ad Networks Out of Business: Yershov v. Gannett and the War Against Online Platforms
Acknowledging the Limitations of the FTC’s “PAE” Study
[Below is an excellent essay by Devlin Hartline that was first posted at the Center for the Protection of Intellectual Property blog last week, and I’m sharing it here.] ACKNOWLEDGING THE LIMITATIONS OF THE FTC’S “PAE” STUDY By Devlin Hartline The FTC’s long-awaited case study of patent assertion entities (PAEs) is expected to be released this spring. ... Acknowledging the Limitations of the FTC’s “PAE” Study
Time to Confront Bias Against Patent Owners in Patent โReformโ Legislation like the VENUE Act
Last March, I published an op ed in the the Washington Times on the proposed VENUE Act, a recently introduced bill taken wholesale from a portion of HR 9 (the tendentiously titled “Innovation Act”). HR 9 has rightly stalled given its widespread and radical changes to the patent system that weaken and dilute all property rights ... Time to Confront Bias Against Patent Owners in Patent โReformโ Legislation like the VENUE Act
More proposed market interventions to control drug costs
Last week, the Campaign for Sustainable Rx Pricing (CSRxP)—whose membership includes health insurance companies and other health payors, health providers, and consumers—proposed various reforms aimed at addressing the high costs of prescription drugs. CSRxP declares that their proposals will improve the functioning of the pharmaceutical market by increasing pricing transparency, promoting competition, and enhancing value. Although ... More proposed market interventions to control drug costs
FTC v Amazon: With every victory in court the FTC loses a little more
Yesterday a federal district court in Washington state granted the FTC’s motion for summary judgment against Amazon in FTC v. Amazon — the case alleging unfair trade practices in Amazon’s design of the in-app purchases interface for apps available in its mobile app store. The headlines score the decision as a loss for Amazon, and the FTC, of course, ... FTC v Amazon: With every victory in court the FTC loses a little more
