A Cost-Benefit Prescription for FTC Online Data Security Regulation
The U.S. Federal Trade Commission (FTC) continues to expand its presence in online data regulation. On August 13 the FTC announced a forthcoming workshop to explore appropriate policies toward “big data,” a term used to refer to advancing technologies that are dramatically expanding the commercial collection, analysis, use, and storage of data. This initiative follows ... A Cost-Benefit Prescription for FTC Online Data Security Regulation
Antitrust Trial Verdict Gives Athletes Partial Victory Over NCAA
In a June 12, 2014 TOTM post, I discussed the private antitrust challenge to NCAA rules that barred NCAA member universities from compensating athletes for use of their images and names in television broadcasts and video games. On August 8 a federal district judge held that the NCAA had violated the antitrust laws and enjoined ... Antitrust Trial Verdict Gives Athletes Partial Victory Over NCAA
How to Reform Operation Choke Point
“Operation Choke Point” (OCP) is an interdepartmental initiative by the U.S. Department of Justice (DOJ) and federal financial services regulators to discourage financial intermediaries from dealing with consumer fraud-plagued industries. In an August 4 Heritage Foundation Legal Memorandum, I discuss the misapplication of this potentially beneficial project and recommend possible measures to reform OCP. If ... How to Reform Operation Choke Point
New Heritage Study Highlights Anticompetitive Features of Obamacare and Points the Way to Needed Reforms
A study released today by the Heritage Foundation (authored by Christopher M. Pope) succinctly describes the inherently anticompetitive nature of Obamacare, which will tend to inflate prices, not reduce costs: “The growth of monopoly power among health care providers bears much responsibility for driving up the cost of health care over recent years. By mandating ... New Heritage Study Highlights Anticompetitive Features of Obamacare and Points the Way to Needed Reforms
CONDITIONAL PRICING PRACTICES AND THE LIMITS OF ANTITRUST
The Federal Trade Commission’s (FTC) June 23 Workshop on Conditional Pricing Practices featured a broad airing of views on loyalty discounts and bundled pricing, popular vertical business practices that recently have caused much ink to be spilled by the antitrust commentariat. In addition to predictable academic analyses featuring alternative theoretical anticompetitive effects stories, the Workshop ... CONDITIONAL PRICING PRACTICES AND THE LIMITS OF ANTITRUST
Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
U.S. antitrust law focuses primarily on private anticompetitive restraints, leaving the most serious impediments to a vibrant competitive process – government-initiated restraints – relatively free to flourish. Thus the Federal Trade Commission (FTC) should be commended for its July 16 congressional testimony that spotlights a fast-growing and particularly pernicious species of (largely state) government restriction ... Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
A Cost-Benefit Framework for Antitrust Enforcement Policy
Debates among modern antitrust experts focus primarily on the appropriate indicia of anticompetitive behavior, the particular methodologies that should be applied in assessing such conduct, and the best combination and calibration of antitrust sanctions (fines, jail terms, injunctive relief, cease and desist orders). Given a broad consensus that antitrust rules should promote consumer welfare (albeit ... A Cost-Benefit Framework for Antitrust Enforcement Policy
A Reply to the Rubins on Crony Capitalism
Paul H. Rubin and Joseph S. Rubin advance the provocative position that some crony capitalism may be welfare enhancing. With all due respect, I am not convinced by their defense of government-business cronyism. “Second best correction” arguments can be made with respect to ANY inefficient government rule. In reality, it is almost impossible to calibrate the ... A Reply to the Rubins on Crony Capitalism
Antitrust Enforcers’ Stealth Undermining of Patent Rights – Shedding Light on a Recent and Troubling Phenomenon
In recent years, antitrust enforcers in Europe and the United States have made public pronouncements and pursued enforcement initiatives that undermine the ability of patentees to earn maximum profits through the unilateral exercise of rights within the scope of their patents, as discussed in separate recent articles by me and by Professor Nicolas Petit of ... Antitrust Enforcers’ Stealth Undermining of Patent Rights – Shedding Light on a Recent and Troubling Phenomenon
SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) – TIME FOR CONGRESS TO KILL IT
On June 23 the Supreme Court regrettably declined the chance to stem the abuses of private fraud-based class action securities litigation. In Halliburton v. EPJ Fund (June 23, 2014), a six-Justice Supreme Court majority (Chief Justice Roberts writing for the Court, joined by Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan) reversed the Fifth Circuit and held ... SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) – TIME FOR CONGRESS TO KILL IT
Alden Abbott Has Joined the Twitter Universe
Feel free to follow me, Alden Abbott, @AldenAbbott1
For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions
Government impediments to the efficient provision of health care services in the United States are legion. While much recent attention has focused on the federal Patient Protection and Affordable Care Act, which by design reduces consumer choice and competition, harmful state law restrictions have long been spotlighted by the U.S. Federal Trade Commission (FTC) and ... For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions
