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Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to reverse the decision of the Second Circuit. That decision found per se illegality under the Sherman Act, for Apple’s efforts ... Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
Kolasky on the Apple e-books case: Another reminder that “easy labels do not always supply ready answers”
In my view, the Second Circuit’s decision in Apple e-Books, if not reversed by the Supreme Court, threatens to undo a half century of progress in reforming antitrust doctrine. In decision after decision, from White Motors through Leegin and Actavis, the Supreme Court has repeatedly held—in cases involving both horizontal and vertical restraints—that the only ... Kolasky on the Apple e-books case: Another reminder that “easy labels do not always supply ready answers”
Time to Get Rid of the Consumer Financial Protection Bureau
In my Heritage Foundation Legal Memorandum published yesterday, I call for elimination of the Consumer Financial Protection Bureau (CFPB), on constitutional and economic policy grounds. As I explain: The new Consumer Financial Protection Bureau (CFPB), created by the Dodd–Frank Wall Street Reform and Consumer Protection Act, is living up to its billing as one of ... Time to Get Rid of the Consumer Financial Protection Bureau
Anticompetitive Regulations Highlighted in the 2016 Heritage Index of Economic Freedom (Also, the U.S. Continues to Slip)
The Heritage Foundation’s Index of Economic Freedom is an annual data compilation that provides an ordinal ranking of economic freedom in nations throughout the world, based on such country-specific measures of economic liberty as commitment to limited government, strong protection of private property, openness to global trade and financial flows, and sensible regulation. The 2016 ... Anticompetitive Regulations Highlighted in the 2016 Heritage Index of Economic Freedom (Also, the U.S. Continues to Slip)
ICLE files an Amicus Brief In Fox v. Aereo Killer
On Wednesday, the International Center for Law & Economics, along with the Competitive Enterprise Institute, filed an amicus brief in the Ninth Circuit Court of Appeals supporting the appellants in Fox Television Stations, Inc. v. Aereo Killer LLC. The case arose out of Aereo Killer’s Internet video platform, from which it would retransmit content without ... ICLE files an Amicus Brief In Fox v. Aereo Killer
Politicians Call for More Price Controls on Pharmaceuticals
Politicians have recently called for price controls to address the high costs of pharmaceuticals. Price controls are government-mandated limits on prices, or government-required discounts on prices. On the campaign trail, Hillary Clinton has called for price controls for lower-income Medicare patients while Donald Trump has recently joined Clinton, Bernie Sanders, and President Obama in calling for more ... Politicians Call for More Price Controls on Pharmaceuticals
Voting Now Open for 2016 Concurrences Writing Awards
I urge Truth on the Market readers to signal their preferences and help select the 2016 antitrust writing awards bestowed by the prestigious competition law and policy journal, Concurrences. (See here for the 2015 winners.) Readers and a Steering Committee vote for their favorite articles among those nominated, which results in a short list of ... Voting Now Open for 2016 Concurrences Writing Awards
Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration
On January 26 the Heritage Foundation hosted a one-day conference on “Antitrust Policy for a New Administration.” Featured speakers included three former heads of the U.S. Department of Justice’s Antitrust Division (DOJ) (D.C. Circuit Senior Judge Douglas Ginsburg, James Rill, and Thomas Barnett) and a former Chairman of the U.S. Federal Trade Commission (FTC) (keynote ... Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration
In Cuozzo Speed Technologies v. Lee, Supreme Court Will Have the Chance to Clarify that Patents are not Second Class Property Rights
On January 15, the Supreme Court agreed to review the Federal Circuit’s decision in Cuozzo Speed Technologies v. Lee, a case that raises the question of whether patent rights, once issued initially by the U.S. Patent and Trademark Patent Office (PTO), are to be treated as fully legitimate interests or instead as “second class citizens” ... In Cuozzo Speed Technologies v. Lee, Supreme Court Will Have the Chance to Clarify that Patents are not Second Class Property Rights
Transparency in Pharmaceutical Pricing?
On January 12, 2016, the California state legislature will hold a hearing on AB 463: the Pharmaceutical Cost Transparency Act of 2016. The proposed bill would require drug manufacturers to disclose sensitive information about each drug with prices above a certain level. The required disclosure includes various production costs including: the costs of materials and manufacturing, the ... Transparency in Pharmaceutical Pricing?
A Win for Free Speech: Federal Circuit Holds (part of) §2(a) of the Lanham Act Unconstitutional
It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys. The Federal Circuit handed down a victory for free expression today — in the commercial context no less. At issue was the Lanham Act’s § 2(a) prohibition of trademark registrations that ... A Win for Free Speech: Federal Circuit Holds (part of) §2(a) of the Lanham Act Unconstitutional
The Ball-Rexam merger: The case for a competitive can market
A number of blockbuster mergers have received (often negative) attention from media and competition authorities in recent months. From the recently challenged Staples-Office Depot merger to the abandoned Comcast-Time Warner merger to the heavily scrutinized Aetna-Humana merger (among many others), there has been a wave of potential mega-mergers throughout the economy—many of them met with ... The Ball-Rexam merger: The case for a competitive can market
