The Mounting Costs of Antidumping Laws: Time for Action?
In a 2015 Heritage Foundation Backgrounder, I argued for a reform of the United States antidumping (AD) law, which allows for the imposition of additional tariffs on “unfairly” low-priced imports. Although the original justification for American AD law was to prevent anticompetitive predation by foreign producers, I explained that the law as currently designed and ... The Mounting Costs of Antidumping Laws: Time for Action?
Combatting Anticompetitive Market Distortions: An Update
I have previously written at this site (see here, here, and here) and elsewhere (see here, here, and here) about the problem of anticompetitive market distortions (ACMDs), government-supported (typically crony capitalist) rules that weaken the competitive process, undermine free trade, slow economic growth, and harm consumers. On May 17, the Heritage Foundation hosted a presentation ... Combatting Anticompetitive Market Distortions: An Update
Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges
Introduction In my role as a “non-governmental advisor” (NGA), I was privileged to attend and participate actively in the 15th Annual ICN Conference, held in Singapore from April 26-29. (I have blogged previously on ICN annual conferences and policy initiatives, see here, here, and here.) As a virtual network of national competition law agencies (“national ... Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges
A Presidential Nod to Procompetitive Regulatory Reform: Substance, not Mere Symbolism, is Needed
On April 15, President Obama issued Executive Order 13725, “Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy” (“the Order”). At first blush, the Order appears quite promising. It commendably (1) praises competitive markets as a cornerstone of the American economy, and (2) sets the promotion ... A Presidential Nod to Procompetitive Regulatory Reform: Substance, not Mere Symbolism, is Needed
Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism
For several decades, U.S. federal antitrust enforcers, on a bipartisan basis, have publicly supported the proposition that antitrust law seeks to advance consumer welfare by promoting economic efficiency and vigorous competition on the merits. This reflects an economic interpretation of the antitrust laws adopted by the Supreme Court beginning in the late 1970s, inspired by ... Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism
Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents
Over the past year, the Global Antitrust Institute (GAI) at George Mason University School of Law has released some of the most thoughtful critiques of foreign governments’ proposed new guidance documents on competition law. The GAI’s March 31 comments (see here) in response to the India Department of Industrial Policy and Promotion’s Discussion Paper on ... Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents
FCC Should Not Regulate Broadband Providers’ Privacy Policies and Instead Defer to the FTC
Earlier this month, Federal Communications Commission (FCC) Chairman Tom Wheeler released a “fact sheet” describing his proposal to have the FCC regulate the privacy policies of broadband Internet service providers (ISPs). Chairman Wheeler’s detailed proposal will be embodied in a Notice of Proposed Rulemaking (NPRM) that the FCC may take up as early as March ... FCC Should Not Regulate Broadband Providers’ Privacy Policies and Instead Defer to the FTC
The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
The Obama Administration regrettably continues its campaign to weaken intellectual property (IP) rights, moving beyond antitrust policy (see articles by me, here and here) to the realm of substantive legislation. In his fiscal year 2017 budget proposal, President Obama proposed to reduce the period of exclusivity granted producers of “biologic” drugs from twelve to seven ... The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
U.S. Regulatory Budgeting: Take a Page from Canada
Like taxation, government regulation imposes indirect deadweight efficiency losses on the economy as well as direct costs on affected businesses and consumers. Unlike taxation, however, whose direct costs (payments made to government) are on public display, the heavy direct burden of regulation is far less visible to the public. This creates a strong incentive for ... U.S. Regulatory Budgeting: Take a Page from Canada
Penalizing Innovation: The FAA’s Regulation of Drones
As the late Nobel Laureate James Buchanan and other economists have long pointed out, even in the case of market failure, regulation is only potentially justified if economic welfare under regulation is likely to be higher than under an unregulated market – not an easy test to meet, in light of rampant government failure. Nevertheless, ... Penalizing Innovation: The FAA’s Regulation of Drones
FCC Majority Approves Anticompetitive Rulemaking that Would Reduce Efficiency in Video Programming and Lower Welfare
On February 18, the Federal Communications Commission (FCC) voted three-to-two in favor of a notice of proposed rulemaking (NPRM) fancifully entitled “Expanding Consumers’ Video Navigation Choices, MB Docket No. 16-42; Commercial Availability of Navigation Devices, CS Docket No. 97-80”. The NPRM, in the words of the FCC’s press release, will “create a framework for providing ... FCC Majority Approves Anticompetitive Rulemaking that Would Reduce Efficiency in Video Programming and Lower Welfare
Justice Scalia, Monopolization, and Economic Efficiency
The late Justice Antonin Scalia’s magisterial contributions to American jurisprudence will be the source of numerous learned analyses over the coming months. As in so many other doctrinal areas, Justice Scalia’s opinions contributed importantly to the sound development of antitrust law, and, in particular, to the assessment of monopolization. His oft-cited 2004 opinion for the ... Justice Scalia, Monopolization, and Economic Efficiency
