2018 Edition of the Heritage Foundation’s Index of Economic Freedom: Freedom to Trade Is a Key to Prosperity
The latest rankings of trade freedom around the world will be set forth and assessed in the 24th annual edition of the Heritage Foundation annual Index of Economic Freedom (Index), which will be published in January 2018. Today Heritage published a sneak preview of the 2018 Index’s analysis of freedom to trade, which merits public ... 2018 Edition of the Heritage Foundation’s Index of Economic Freedom: Freedom to Trade Is a Key to Prosperity
A Well-Reasoned Antitrust Division Boost for the Legitimate Exploitation of Patent Rights
On November 10, at the University of Southern California Law School, Assistant Attorney General for Antitrust Makan Delrahim delivered an extremely important policy address on the antitrust treatment of standard setting organizations (SSOs). Delrahim’s remarks outlined a dramatic shift in the Antitrust Division’s approach to controversies concerning the licensing of standard essential patents (SEPs, patents ... A Well-Reasoned Antitrust Division Boost for the Legitimate Exploitation of Patent Rights
Strong Patent Protection Promotes Strong Economies
In her distinguished tenure as a Commissioner and as Acting Chairman of the FTC, Maureen Ohlhausen has done an outstanding job in explaining the tie between robust patent protection and economic growth and innovation (see, for example, her Harvard Journal of Law and Technology article, here). Her latest public pronouncement on this topic, an October ... Strong Patent Protection Promotes Strong Economies
Single Firm Conduct: European Competition Policy, the European Court of Justice, and Brexit
In recent years, the European Union’s (EU) administrative body, the European Commission (EC), increasingly has applied European competition law in a manner that undermines free market dynamics. In particular, its approach to “dominant” firm conduct disincentivizes highly successful companies from introducing product and service innovations that enhance consumer welfare and benefit the economy – merely ... Single Firm Conduct: European Competition Policy, the European Court of Justice, and Brexit
Developing an Economically Efficient American Trade Policy to Deal with Distortionary Government Subsidies: Brexit and Beyond
U.S. international trade law has various statutory mechanisms to deal with unfair competition. Regrettably, American trade law (and, for that matter, the trade laws of other nations) has a history of being deployed in a mercantilist fashion to further the interests of American producer interests, rather than consumer interests and aggregate economic welfare. That need ... Developing an Economically Efficient American Trade Policy to Deal with Distortionary Government Subsidies: Brexit and Beyond
How a Patent Office Agency Undermines Patent Rights and Cripples Innovation – and What Can Be Done About It
On August 14, the Federalist Society’s Regulatory Transparency Project released a report detailing the harm imposed on innovation and property rights by the Patent Trial and Appeals Board, a Patent and Trademark Office patent review agency created by the infelicitously-named “America Invents Act” of 2011. As the report’s abstract explains: Patents are property rights secured ... How a Patent Office Agency Undermines Patent Rights and Cripples Innovation – and What Can Be Done About It
Democratic Party “Better Deal” Antitrust Proposals Would be a “Worse Deal” for the American Economy and Consumers
On July 24, as part of their newly-announced “Better Deal” campaign, congressional Democrats released an antitrust proposal (“Better Deal Antitrust Proposal” or BDAP) entitled “Cracking Down on Corporate Monopolies and the Abuse of Economic and Political Power.” Unfortunately, this antitrust tract is really an “Old Deal” screed that rehashes long-discredited ideas about “bigness is badness” ... Democratic Party “Better Deal” Antitrust Proposals Would be a “Worse Deal” for the American Economy and Consumers
Congressional Review Act Should Be Used to Strike Down Ill-Advised CFPB Arbitration Rule
On July 10, the Consumer Financial Protection Bureau (CFPB) announced a new rule to ban financial service providers, such as banks or credit card companies, from using mandatory arbitration clauses to deny consumers the opportunity to participate in a class action (“Arbitration Rule”). The Arbitration Rule’s summary explains: First, the final rule prohibits covered providers ... Congressional Review Act Should Be Used to Strike Down Ill-Advised CFPB Arbitration Rule
The European Commission’s Regrettable June 27 Google Antitrust Decision – and Its Broader Implications
Today I published an article in The Daily Signal bemoaning the European Commission’s June 27 decision to fine Google $2.7 billion for engaging in procompetitive, consumer welfare-enhancing conduct. The article is reproduced below (internal hyperlinks omitted), in italics: On June 27, the European Commission—Europe’s antitrust enforcer—fined Google over $2.7 billion for a supposed violation of ... The European Commission’s Regrettable June 27 Google Antitrust Decision – and Its Broader Implications
Professor Wright’s Latest Sage Advice: Stay Away from Unfocused “Big is Bad” Rhetoric in Assessing the Proposed AT&T-Time Warner Merger
Last October 26, Heritage scholar James Gattuso and I published an essay in The Daily Signal, explaining that the proposed vertical merger (a merger between firms at different stages of the distribution chain) of AT&T and Time Warner (currently undergoing Justice Department antitrust review) may have the potential to bestow substantial benefits on consumers – ... Professor Wright’s Latest Sage Advice: Stay Away from Unfocused “Big is Bad” Rhetoric in Assessing the Proposed AT&T-Time Warner Merger
The Supreme Court Misses the Mark in Murr v. Wisconsin – It’s High Time to Reconcile Regulatory and Physical Takings Law
Background: The Murr v. Wisconsin Case On June 23, in a 5-3 decision by Justice Anthony Kennedy (Justice Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined; Justice Neil Gorsuch did not participate), the U.S. Supreme Court upheld the Wisconsin State Court of Appeals’ ruling that two waterfront lots should be treated as ... The Supreme Court Misses the Mark in Murr v. Wisconsin – It’s High Time to Reconcile Regulatory and Physical Takings Law
The Demise of Lanham Act Trademark Disparagement Limitations Promotes Sound Free Market Economic Principles
Background On June 19, in Matal v. Tam, the U.S. Supreme Court (Justice Gorsuch did not participate in the case) affirmed the Federal Circuit’s ruling that the Lanham Act’s “disparagement clause” is unconstitutional under the First Amendment’s free speech clause. The Patent and Trademark Office denied the Slants’ (an Asian rock group) federal trademark registration, ... The Demise of Lanham Act Trademark Disparagement Limitations Promotes Sound Free Market Economic Principles
