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

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IEEE Patent Policy Change Would Undermine Property Rights and Innovation

American standard setting organizations (SSOs), which are private sector-based associations through which businesses come together to set voluntary industrial standards, confer great benefits on the modern economy.  They enable virtually all products we rely upon in modern society (including mechanical, electrical, information, telecommunications, and other systems) to interoperate, thereby spurring innovation, efficiency, and consumer choice. ... IEEE Patent Policy Change Would Undermine Property Rights and Innovation

D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech

In a previous Truth on the Market blog posting, I noted that the FTC recently revised its “advertising substantiation” policy in a highly problematic manner.  In particular, in a number of recent enforcement actions, an FTC majority has taken the position that it will deem advertising claims “deceptive” unless they are supported by two randomized ... D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech

FTC Staff Report Misses the Mark on “Internet of Things” Regulation

Today the Federal Trade Commission (FTC) missed the mark in authorizing release of a staff report calling for legislation and regulation of the “Internet of Things.” The Internet of Things is already affecting the daily lives of millions of Americans through the adoption of health and fitness monitors, home security devices, connected cars and household ... FTC Staff Report Misses the Mark on “Internet of Things” Regulation

In Memoriam: Henry G. Manne (1928-2015)

Henry Manne was a great man, and a great father. He was, for me as for many others, one of the most important intellectual influences in my life. I will miss him dearly. Following is his official obituary. RIP, dad. Henry Girard Manne died on January 17, 2015 at the age of 86. A towering figure ... In Memoriam: Henry G. Manne (1928-2015)

Si Monumentum Requiris, Circumspice

The famous epitaph that adorns Sir Christopher Wren’s tomb in St. Paul’s Cathedral – Si monumentum requiris, circumspice (“if you seek his monument, look around you”) – applies equally well to Henry Manne, who passed away on January 17.  Wren left a living memorial to his work in St. Paul’s and the many other churches ... Si Monumentum Requiris, Circumspice

Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record

During the 2008 presidential campaign Barack Obama criticized the Bush Administration for “the weakest record of antitrust enforcement of any administration in the last half century” and promised “to reinvigorate antitrust enforcement.”  In particular, he singled out allegedly lax monopolization and merger enforcement as areas needing improvement, and also vowed “aggressive action to curb the ... Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record

Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law

On December 11 I published a Heritage Foundation Legal Memorandum on this topic. I concluded that the federal courts have done a fairly good job in harmonizing antitrust with constitutionally-based federalism and First Amendment interests (petitioning, free speech, and religious freedom). Nevertheless, it must be admitted that these “constitutional constraints” somewhat limit the ability of ... Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law

The companies that actually manufacture networks and devices oppose Title II, which may be all you need to know

It’s easy to look at the net neutrality debate and assume that everyone is acting in their self-interest and against consumer welfare. Thus, many on the left denounce all opposition to Title II as essentially “Comcast-funded,” aimed at undermining the Open Internet to further nefarious, hidden agendas. No matter how often opponents make the economic ... The companies that actually manufacture networks and devices oppose Title II, which may be all you need to know

Grading Obama Administration Antitrust Policy

During the 2008 presidential campaign, Barack Obama criticized the Bush Administration for “the weakest record of antitrust enforcement of any administration in the last half century” and promised “to reinvigorate antitrust enforcement.” Has the Obama Administration’s antitrust enforcement record over the last six years lived up to this extravagant promise? More specifically, what grade should ... Grading Obama Administration Antitrust Policy

Transatlantic Trade Negotiations: Keeping Regulation in Check

Last week, the George Washington University Center for Regulatory Studies convened a Conference (GW Conference) on the Status of Transatlantic Trade and Investment Partnership (TTIP) Negotiations between the European Union (EU) and the United States (U.S.), which were launched in 2013 and will continue for an indefinite period of time. In launching TTIP, the Obama ... Transatlantic Trade Negotiations: Keeping Regulation in Check

Internet Governance, Internet Freedom, and Accountability: Will Congress Step In?

In March 2014, the U.S. Government’s National Telecommunications and Information Administration (NTIA, the Executive Branch’s telecommunications policy agency) abruptly announced that it did not plan to renew its contract with the Internet Corporation for Assigned Names and Numbers (ICANN) to maintain core functions of the Internet. ICANN oversees the Internet domain name system through its ... Internet Governance, Internet Freedom, and Accountability: Will Congress Step In?

Newsflash! Commercial contracts are often confidential (but that doesn’t make them anticompetitive)

Microsoft and its allies (the Microsoft-funded trade organization FairSearch and the prolific Google critic Ben Edelman) have been highly critical of Google’s use of “secret” contracts to license its proprietary suite of mobile apps, Google Mobile Services, to device manufacturers. I’ve written about this at length before. As I said previously, In order to argue ... Newsflash! Commercial contracts are often confidential (but that doesn’t make them anticompetitive)