The Archives

The collection of all scholarly commentary on law, economics, and more

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Josh Wright, Commissioner-Provocateur

Much ink will be spilled at this site lauding Commissioner Joshua (Josh) Wright’s many contributions to the Federal Trade Commission (FTC), and justly so. I will focus narrowly on Josh Wright as a law and economics “provocateur,” who used his writings and speeches to “stir the pot” and subject the FTC’s actions to a law ... Josh Wright, Commissioner-Provocateur

Ajit Pai on Joshua Wright

I was saddened to learn that Commissioner Joshua Wright is resigning from the Federal Trade Commission. Commissioner Wright leaves the agency with a tremendous legacy. He brought to the FTC’s decision-making groundbreaking economic analysis, such as his opinion in Ardagh/St. Gobain that the government should evaluate possible merger efficiencies under a standard of proof similar ... Ajit Pai on Joshua Wright

Keith Hylton on Joshua Wright

When I first heard that Josh had resigned from the FTC, I wondered if the news would cause a stock market sell-off. I checked later that day, and the Dow closed slightly up, plus .39 percent. This suggests several possible explanations. One is that the stock market had already priced in Josh’s departure. Another is ... Keith Hylton on Joshua Wright

Thomas Hazlett on Joshua Wright

Josh Wright is a tour de force. He has broken the mold for a Washington regulator — and created a new one. As a scholar, he carefully crafts his analyses of public policy. As a strategic thinker, he tackles the issues that redound to the greatest social benefit. And as a champion of competitive markets, ... Thomas Hazlett on Joshua Wright

A Tribute to Joshua Wright

by Richard A. Epstein, Laurence A. Tisch Professor of Law, NYU School of Law A recent story in the Wall Street Journal described Josh Wright as the “FTC’s most conservative commissioner.” It is a sign of today’s politicized environment that this label is used as a substitute for serious substantive analysis of the particular positions that Wright ... A Tribute to Joshua Wright

Symposium

Symposium Honoring the Honorable Joshua Wright

Truth on the Market co-founder Josh Wright’s term as a commissioner of the Federal Trade Commission *FTC) ended Aug. 24, 2015. Truth on the Market hosted a symposium —  a collection of commentaries and contributions — honoring Josh’s tenure at the FTC. We invited contributions from a range of luminaries, including academics, practitioners, former FTC ... Symposium Honoring the Honorable Joshua Wright

The D.C. Circuit Subjects USDA Pork Barrel Politics to Scrutiny – Will the Lower Court Bring Home the “Economic Liberties” Bacon?

Recently, I discussed at this site the Supreme Court’s imposition of takings liability on the U.S. Department of Agriculture (“USDA”), because USDA fined a small raisin grower for refusing to cooperate with the California Raisins Marketing Order – which, stripped of the fancy verbiage, is little more than a government-supervised output limitation cartel.  The California ... The D.C. Circuit Subjects USDA Pork Barrel Politics to Scrutiny – Will the Lower Court Bring Home the “Economic Liberties” Bacon?

The Federal Circuit Misapplies Chevron Deference (and Risks a Future “Supreme Scolding”) in Suprema Inc. v. ITC

On August 10, in Suprema, Inc. v. ITC, the en banc Federal Circuit granted Chevron deference to a U.S. International Trade Commission (“ITC”) statutory interpretation in holding that goods that do not directly infringe a U.S. patent at the time they are imported nevertheless may be excluded from entry by the ITC if they are ... The Federal Circuit Misapplies Chevron Deference (and Risks a Future “Supreme Scolding”) in Suprema Inc. v. ITC

FTC Commissioner Joshua Wright gets his competiton enforcement guidelines

Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the FTC Act. The Statement of Enforcement Principles represents a significant victory for Commissioner Joshua Wright, who has been a tireless advocate for ... FTC Commissioner Joshua Wright gets his competiton enforcement guidelines

ICLE and leading academics file amicus brief urging the court to overturn the FCC’s illegal net neutrality order

Yesterday, the International Center for Law & Economics, together with Professor Gus Hurwitz, Nebraska College of Law, and nine other scholars of law and economics, filed an amicus brief in the DC Circuit explaining why the court should vacate the FCC’s 2015 Open Internet Order. A few key points from ICLE’s brief follow, but you can read a longer summary ... ICLE and leading academics file amicus brief urging the court to overturn the FCC’s illegal net neutrality order

Let’s Inject Antitrust Principles into Antidumping Law

In a Heritage Foundation paper released today, I argue that U.S. antidumping law should be reformed to incorporate principles drawn from the antitrust analysis of predatory pricing.  A brief summary of my paper follows.  Such a change would transform antidumping law from a special interest cronyist tool that harms U.S. consumers into a sensible procompetitive ... Let’s Inject Antitrust Principles into Antidumping Law

Greek Crisis Underscores the Importance of Regulatory Reform – in Greece and Around the World

The Heritage Foundation continues to do path-breaking work on the burden overregulation imposes on the American economy, and to promote comprehensive reform measures to reduce regulatory costs.  Overregulation, unfortunately, is a global problem, and one that is related to the problem of anticompetitive market distortions (ACMDs) – government-supported cronyist restrictions that weaken the competitive process, ... Greek Crisis Underscores the Importance of Regulatory Reform – in Greece and Around the World