The International Competition Network at Seventeen
Introduction Last week I attended the 17th Annual Conference of the International Competition Network (ICN) held in New Delhi, India from March 21-23. The Delhi Conference highlighted the key role of the ICN in promoting global convergence toward “best practices” in substantive and procedural antitrust analysis by national antitrust (“competition”) agencies. The ICN operates as ... The International Competition Network at Seventeen
The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
The U.S. Federal Trade Commission’s (FTC) well-recognized expertise in assessing unfair or deceptive acts or practices can play a vital role in policing abusive broadband practices. Unfortunately, however, because Section 5(a)(2) of the FTC Act exempts common carriers from the FTC’s jurisdiction, serious questions have been raised about the FTC’s authority to deal with unfair ... The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
A Judicial Nod to Empirically-Based Regulation
The cause of basing regulation on evidence-based empirical science (rather than mere negative publicity) – and of preventing regulatory interference with First Amendment commercial speech rights – got a judicial boost on February 26. Specifically, in National Association of Wheat Growers et al. v. Zeise (Monsanto Case), a California federal district court judge preliminarily enjoined ... A Judicial Nod to Empirically-Based Regulation
Foreign Export Cartels, Comity, and the Separation of Powers
Over the last two decades, the United States government has taken the lead in convincing jurisdictions around the world to outlaw “hard core” cartel conduct. Such cartel activity reduces economic welfare by artificially fixing prices and reducing the output of affected goods and services. At the same, the United States has acted to promote international ... Foreign Export Cartels, Comity, and the Separation of Powers
Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary
On January 23rd, the Heritage Foundation convened its Fourth Annual Antitrust Conference, “Trump Antitrust Policy after One Year.” The entire Conference can be viewed online (here). The Conference featured a keynote speech, followed by three separate panels that addressed developments at the Federal Trade Commission (FTC), at the Justice Department’s Antitrust Division (DOJ), and in ... Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary
Existing Antitrust Tools are Perfectly Adequate to Deal with the New “Winner-Take-All” Economy
Are current antitrust tools fully adequate to cope with the challenges posed by giant online “digital platforms” (such as Google, Amazon, and Facebook)? Yes. Should antitrust rules be expanded to address broader social concerns that transcend consumer welfare and economic efficiency, such as income inequality and allegedly excessive big business influence on the political process? ... Existing Antitrust Tools are Perfectly Adequate to Deal with the New “Winner-Take-All” Economy
Hear from Past and Present Antitrust Agency Leaders at the Fourth Annual Heritage Antitrust Conference, January 23, 2018: Still Time to Register!
On January 23rd, for the fourth consecutive year, The Heritage Foundation will host a one-day antitrust conference that focuses on major thematic developments in domestic and international antitrust policy. The conference pulls together leaders of the antitrust bar and top current and former Federal Trade Commission (FTC) and Justice Department (DOJ) officials to provide an ... Hear from Past and Present Antitrust Agency Leaders at the Fourth Annual Heritage Antitrust Conference, January 23, 2018: Still Time to Register!
The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
On December 1, 2017, in granting certiorari in Salt River Project Agricultural Improvement and Power District v. SolarCity Corp., the U.S. Supreme Court agreed to consider “whether orders denying antitrust state-action immunity to public entities are immediately appealable under the collateral-order doctrine.” At first blush, this case might appear to involve little more than a ... The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
Second Circuit’s BMI Decision Commendably Overturns the Justice Department’s Interference with Efficient Contracting in Performance Rights Licensing
Introduction and Summary On December 19, 2017, the U.S. Court of Appeals for the Second Circuit presented Broadcast Music, Inc. (BMI) with an early Christmas present. Specifically, the Second Circuit commendably affirmed the District Court for the Southern District of New York’s September 2016 ruling rejecting the U.S. Department of Justice’s (DOJ) August 2016 reinterpretation ... Second Circuit’s BMI Decision Commendably Overturns the Justice Department’s Interference with Efficient Contracting in Performance Rights Licensing
A Pro-Free Market Approach to Brexit Negotiations Is Key
The terms of the United Kingdom’s (UK) exit from the European Union (EU) – “Brexit” – are of great significance not just to UK and EU citizens, but for those in the United States and around the world who value economic liberty (see my Heritage Foundation memorandum giving the reasons why, here). If Brexit is ... A Pro-Free Market Approach to Brexit Negotiations Is Key
FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection
As the Federal Communications (FCC) prepares to revoke its economically harmful “net neutrality” order and replace it with a free market-oriented “Restoring Internet Freedom Order,” the FCC and the Federal Trade Commission (FTC) commendably have announced a joint policy for cooperation on online consumer protection. According to a December 11 FTC press release: The Federal ... FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection
Supreme Court Turns Again to Patent Cases, Against the Backdrop of a Decline in American Patent Protection that Threatens Future U.S. Innovation and International Competitiveness
On November 27, the U.S. Supreme Court will turn once again to patent law, hearing cases addressing the constitutionality of Patent Trial and Appeal Board (PTAB) “inter partes” review (Oil States Energy v. Greene), and whether PTAB must issue a final written decision as to every claim challenged by the petitioner in an inter partes ... Supreme Court Turns Again to Patent Cases, Against the Backdrop of a Decline in American Patent Protection that Threatens Future U.S. Innovation and International Competitiveness
