California Dreamin’: California Public Utility Commission must resist extreme regulatory overreach in the recently proposed conditions in Comcast-TWC merger
On February 13 an administrative law judge (ALJ) at the California Public Utility Commission (CPUC) issued a proposed decision regarding the Comcast/Time Warner Cable (TWC) merger. The proposed decision recommends that the CPUC approve the merger with conditions. It’s laudable that the ALJ acknowledges at least some of the competitive merits of the proposed deal. ... California Dreamin’: California Public Utility Commission must resist extreme regulatory overreach in the recently proposed conditions in Comcast-TWC merger
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)
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
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)
Watching local and a la carte is a recipe for STAVRAtion
The free market position on telecom reform has become rather confused of late. Erstwhile conservative Senator Thune is now cosponsoring a version of Senator Rockefeller’s previously proposed video reform bill, bundled into satellite legislation (the Satellite Television Access and Viewer Rights Act or “STAVRA”) that would also include a provision dubbed “Local Choice.” Some free marketeers have defended ... Watching local and a la carte is a recipe for STAVRAtion
Double secret ex parte meetings at the FCC: Something’s amiss in the agency’s big transaction reviews
The Wall Street Journal dropped an FCC bombshell last week, although I’m not sure anyone noticed. In an article ostensibly about the possible role that MFNs might play in the Comcast/Time-Warner Cable merger, the Journal noted that The FCC is encouraging big media companies to offer feedback confidentially on Comcast’s $45-billion offer for Time Warner ... Double secret ex parte meetings at the FCC: Something’s amiss in the agency’s big transaction reviews
Microsoft’s Android Anathema
Microsoft wants you to believe that Google’s business practices stifle competition and harm consumers. Again. The latest volley in its tiresome and ironic campaign to bludgeon Google with the same regulatory club once used against Microsoft itself is the company’s effort to foment an Android-related antitrust case in Europe. In a recent polemic, Microsoft consultant (and business ... Microsoft’s Android Anathema
Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on Apple and Amazon Cases
The Federal Trade Commission’s recent enforcement actions against Amazon and Apple raise important questions about the FTC’s consumer protection practices, especially its use of economics. How does the Commission weigh the costs and benefits of its enforcement decisions? How does the agency employ economic analysis in digital consumer protection cases generally? Join the International Center ... Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on Apple and Amazon Cases
ICLE and TechFreedom File Joint Comments in Defense of a Free Internet
The International Center for Law & Economics (ICLE) and TechFreedom filed two joint comments with the FCC today, explaining why the FCC has no sound legal basis for micromanaging the Internet and why “net neutrality” regulation would actually prove counter-productive for consumers. The Policy Comments are available here, and the Legal Comments are here. See our previous ... ICLE and TechFreedom File Joint Comments in Defense of a Free Internet
Net Neutrality Regulation is Bad for Consumers and Probably Illegal
TechFreedom and the International Center for Law & Economics will shortly file two joint comments with the FCC, explaining why the FCC has no sound legal basis for micromanaging the Internet—now called “net neutrality regulation”—and why such regulation would be counter-productive as a policy matter. The following summarizes some of the key points from both ... Net Neutrality Regulation is Bad for Consumers and Probably Illegal
The FTC’s in-app purchasing complaint against Amazon reflects its flawed, per se approach to unfairness
Today the FTC filed its complaint in federal district court in Washington against Amazon, alleging that the company’s in-app purchasing system permits children to make in-app purchases without parental “informed consent” constituting an “unfair practice” under Section 5 of the FTC Act. As I noted in my previous post on the case, in bringing this ... The FTC’s in-app purchasing complaint against Amazon reflects its flawed, per se approach to unfairness
The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com
The Wall Street Journal reports this morning that Amazon is getting — and fighting — the “Apple treatment” from the FTC for its design of its in-app purchases: Amazon.com Inc. is bucking a request from the Federal Trade Commission that it tighten its policies for purchases made by children while using mobile applications. In a letter to the FTC ... The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com