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New Heritage Foundation Publication on Saving Internet Freedom

Yesterday the Heritage Foundation released a series of essays on “Saving Internet Freedom.”  These analytical essays are an excellent reference work for interested members of the public who seek answers to those who claim the Internet requires new and intrusive government regulation.  The introduction to the essays highlights the topics they cover and summarizes their ... New Heritage Foundation Publication on Saving Internet Freedom

The FTCโ€™s Cardinal Health Settlement is Bad Antitrust Medicine and Highlights the Need for Additional Antitrust Guidance

On April 17, the Federal Trade Commission (FTC) voted three-to-two to enter into a consent agreement In the Matter of Cardinal Health, Inc., requiring Cardinal Health to disgorge funds as part of the settlement in this monopolization case.  As ably explained by dissenting Commissioners Josh Wright and Maureen Ohlhausen, the U.S. Federal Trade Commission (FTC) ... The FTCโ€™s Cardinal Health Settlement is Bad Antitrust Medicine and Highlights the Need for Additional Antitrust Guidance

The FTC, not the FCC, Should Police Internet Abuses

The FCC’s proposed “Open Internet Order,” which would impose heavy-handed “common carrier” regulation of Internet service providers (the Order is being appealed in federal court and there are good arguments for striking it down) in order to promote “net neutrality,” is fundamentally misconceived.  If upheld, it will slow innovation, impose substantial costs, and harm consumers ... The FTC, not the FCC, Should Police Internet Abuses

Red Tape Rising: The Heritage Foundation Spotlights the Excesses of the Regulatory State During the Obama Administration and Recommends Reforms

Understanding the nature and extent of the growth of the federal regulatory state is vital to sound policymaking.  Taking that to heart, over the last decade the Heritage Foundation has issued a series of reports measuring trends in federal regulatory activity.  On May 11 of this year, Heritage released its most recent regulatory study, “Red ... Red Tape Rising: The Heritage Foundation Spotlights the Excesses of the Regulatory State During the Obama Administration and Recommends Reforms

The 2015 International Competition Networkโ€™s (ICN) Unilateral Conduct Workbook Chapter on Tying and Bundling

In a recent post, I presented an overview of the ICN’s recent Annual Conference in Sydney, Australia.  Today I briefly summarize and critique a key product approved by the Conference, a new chapter 6 of the ICN’s Workbook on Unilateral Conduct, devoted to tying and bundling.  (My analysis is based on a hard copy final ... The 2015 International Competition Networkโ€™s (ICN) Unilateral Conduct Workbook Chapter on Tying and Bundling

International Competition Network (ICN) 2015 Annual Conference: A Higher Profile for Competition Advocacy

The ICN’s 14 Annual Conference, held in Sydney, Australia, from April 28th through May 1st, as usual, provided a forum for highlighting the work of ICN working groups on cartels, mergers, unilateral conduct, agency effectiveness, and advocacy.  The Conference approved multiple working group products, including a guidance document on investigative process that reflects key investigative ... International Competition Network (ICN) 2015 Annual Conference: A Higher Profile for Competition Advocacy

FCC restrictions on joint sales agreements: Yet another FCC rule without basis in evidence or economics

Recently, Commissioner Pai praised the introduction of bipartisan legislation to protect joint sales agreements (“JSAs”) between local television stations. He explained that JSAs are contractual agreements that allow broadcasters to cut down on costs by using the same advertising sales force. The efficiencies created by JSAs have helped broadcasters to offer services that benefit consumers, ... FCC restrictions on joint sales agreements: Yet another FCC rule without basis in evidence or economics

Microsoftโ€™s mobile innovation today undercuts arguments built on yesterdayโ€™s Microsoft antitrust case

Last year, Microsoft’s new CEO, Satya Nadella, seemed to break with the company’s longstanding “complain instead of compete” strategy to acknowledge that: We’re going to innovate with a challenger mindset…. We’re not coming at this as some incumbent. Among the first items on his agenda? Treating competing platforms like opportunities for innovation and expansion rather ... Microsoftโ€™s mobile innovation today undercuts arguments built on yesterdayโ€™s Microsoft antitrust case

The Dark Side of the FTC’s Latest Privacy Case, In the Matter of Nomi Technologies

Last week, the FTC announced its complaint and consent decree with Nomi Technologies for failing to allow consumers to opt-out of cell phone tracking while shopping in retail stores. Whatever one thinks about Nomi itself, the FTC’s enforcement action represents another step in the dubious application of its enforcement authority against deceptive statements. In response, ... The Dark Side of the FTC’s Latest Privacy Case, In the Matter of Nomi Technologies

The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny

Last week the International Center for Law & Economics, joined by TechFreedom, filed comments with the Federal Aviation Administration (FAA) in its Operation and Certification of Small Unmanned Aircraft Systems (“UAS” — i.e, drones) proceeding to establish rules for the operation of small drones in the National Airspace System. We believe that the FAA has ... The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny

Mandated โ€œfair useโ€ language has no place in trade promotion authority

Earlier this week Senators Orrin Hatch and Ron Wyden and Representative Paul Ryan introduced bipartisan, bicameral legislation, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (otherwise known as Trade Promotion Authority or “fast track” negotiating authority). The bill would enable the Administration to negotiate free trade agreements subject to appropriate Congressional review. Nothing ... Mandated โ€œfair useโ€ language has no place in trade promotion authority

The European Commission, Google, and the Limits of Antitrust

The precise details underlying the European Commission’s (EC) April 15 Statement of Objections (SO), the EC’s equivalent of an antitrust complaint, against Google, centered on the company’s promotion of its comparison shopping service (CSS), “Google Shopping,” have not yet been made public.  Nevertheless, the EC’s fact sheet describing the theory of the case is most ... The European Commission, Google, and the Limits of Antitrust