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Rationally Defeating Cronyism in the Boston TNC Suit
On March 31, a federal judge gave the city of Boston six months to rectify the disparities between the way it treats Transportation Network Companies (“TNC”) (such as Uber and Lyft) and taxicab companies. This comes pursuant to an order by US District Court Judge Nathaniel M. Gorton in a suit filed by members of ... Rationally Defeating Cronyism in the Boston TNC Suit
Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents
Over the past year, the Global Antitrust Institute (GAI) at George Mason University School of Law has released some of the most thoughtful critiques of foreign governments’ proposed new guidance documents on competition law. The GAI’s March 31 comments (see here) in response to the India Department of Industrial Policy and Promotion’s Discussion Paper on ... Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents
George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”
I am sharing the press release below: George Mason University receives $30 million in gifts, renames School of Law after Justice Antonin Scalia Largest combined gift in university’s history will support new scholarship programs Arlington, VA— George Mason University today announces pledges totaling $30 million to the George Mason University Foundation to support the School ... George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”
FCC Should Not Regulate Broadband Providers’ Privacy Policies and Instead Defer to the FTC
Earlier this month, Federal Communications Commission (FCC) Chairman Tom Wheeler released a “fact sheet” describing his proposal to have the FCC regulate the privacy policies of broadband Internet service providers (ISPs). Chairman Wheeler’s detailed proposal will be embodied in a Notice of Proposed Rulemaking (NPRM) that the FCC may take up as early as March ... FCC Should Not Regulate Broadband Providers’ Privacy Policies and Instead Defer to the FTC
Netflix and net neutrality: Hypocritically screwing over Internet users since 2015!
Netflix’s latest net neutrality hypocrisy (yes, there have been others. See here and here, for example) involves its long-term, undisclosed throttling of its video traffic on AT&T’s and Verizon’s wireless networks, while it lobbied heavily for net neutrality rules from the FCC that would prevent just such throttling by ISPs. It was Netflix that coined ... Netflix and net neutrality: Hypocritically screwing over Internet users since 2015!
The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
The Obama Administration regrettably continues its campaign to weaken intellectual property (IP) rights, moving beyond antitrust policy (see articles by me, here and here) to the realm of substantive legislation. In his fiscal year 2017 budget proposal, President Obama proposed to reduce the period of exclusivity granted producers of “biologic” drugs from twelve to seven ... The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
U.S. Regulatory Budgeting: Take a Page from Canada
Like taxation, government regulation imposes indirect deadweight efficiency losses on the economy as well as direct costs on affected businesses and consumers. Unlike taxation, however, whose direct costs (payments made to government) are on public display, the heavy direct burden of regulation is far less visible to the public. This creates a strong incentive for ... U.S. Regulatory Budgeting: Take a Page from Canada
In ICANN We Trust: Assuring Accountable Internet Governance
Today, the International Center for Law & Economics (ICLE) released its Innovation Policy Research Program White Paper entitled: IN ICANN WE TRUST: ASSURING ACCOUNTABLE INTERNET GOVERNANCE. This article is an abbreviated excerpt of a forthcoming scholarly article that explores various aspects of the proposed transition of the IANA Internet governance functions from U.S. oversight to ... In ICANN We Trust: Assuring Accountable Internet Governance
Penalizing Innovation: The FAA’s Regulation of Drones
As the late Nobel Laureate James Buchanan and other economists have long pointed out, even in the case of market failure, regulation is only potentially justified if economic welfare under regulation is likely to be higher than under an unregulated market – not an easy test to meet, in light of rampant government failure. Nevertheless, ... Penalizing Innovation: The FAA’s Regulation of Drones
The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden
The FCC doesn’t have authority over the edge and doesn’t want authority over the edge. Well, that is until it finds itself with no choice but to regulate the edge as a result of its own policies. As the FCC begins to explore its new authority to regulate privacy under the Open Internet Order (“OIO”), ... The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden
Competition, not Price Controls
In an effort to control drug spending, several states are considering initiatives that will impose new price controls on prescription drugs. Ballot measures under consideration in California and Ohio will require drug companies to sell drugs under various state programs at a mandated discount. And legislators in Massachusetts and Pennsylvania have drafted bills that would create new government commissions ... Competition, not Price Controls
FCC Majority Approves Anticompetitive Rulemaking that Would Reduce Efficiency in Video Programming and Lower Welfare
On February 18, the Federal Communications Commission (FCC) voted three-to-two in favor of a notice of proposed rulemaking (NPRM) fancifully entitled “Expanding Consumers’ Video Navigation Choices, MB Docket No. 16-42; Commercial Availability of Navigation Devices, CS Docket No. 97-80”. The NPRM, in the words of the FCC’s press release, will “create a framework for providing ... FCC Majority Approves Anticompetitive Rulemaking that Would Reduce Efficiency in Video Programming and Lower Welfare
