The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it
At today’s Open Commission Meeting, the FCC is set to consider two apparently forthcoming Notices of Proposed Rulemaking that will shape the mobile broadband sector for years to come. It’s not hyperbole to say that the FCC’s approach to the two issues at hand — the design of spectrum auctions and the definition of the FCC’s ... The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it
Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday
I will be speaking at a lunch debate in DC hosted by TechFreedom on Friday, September 28, 2012, to discuss the FTC’s antitrust investigation of Google. Details below. TechFreedom will host a livestreamed, parliamentary-style lunch debate on Friday September 28, 2012, to discuss the FTC’s antitrust investigation of Google. As the company has evolved, expanding outward from ... Should the FTC Sue Google Over Search? A TechFreedom Debate This Friday
Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key
There are a lot of inaccurate claims – and bad economics – swirling around the Universal Music Group (UMG)/EMI merger, currently under review by the US Federal Trade Commission and the European Commission (and approved by regulators in several other jurisdictions including, most recently, Australia). Regulators and industry watchers should be skeptical of analyses that ... Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key
The anti-patent crowd seems to think your smartphone doesn’t actually exist
I respect Alex Tabarrock immensely, but his recent post on the relationship between “patent strength” and innovation is, while pretty, pretty silly. The entirety of the post is the picture I have pasted here. The problem is that neither Alex nor anyone else actually knows that this is “where we are,” nor exactly what the ... The anti-patent crowd seems to think your smartphone doesn’t actually exist
Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order
“Real lawyers read the footnotes!”—thus did Harold Feld chastise Geoff and Berin in a recent blog post about our CNET piece on the Verizon/SpectrumCo transaction. We argued, as did Commissioner Pai in his concurrence, that the FCC provided no legal basis for its claims of authority to review the Commercial Agreements that accompanied Verizon’s purchase ... Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order
Josh Wright to be nominated to be next FTC Commissioner
Truth on the Market and the International Center for Law & Economics are delighted (if a bit saddened) to announce that President Obama intends to nominate Joshua Wright, Research Director and Member of the Board of Directors of ICLE and Professor of Law at George Mason University School of Law, to be the next Commissioner ... Josh Wright to be nominated to be next FTC Commissioner
Eric Goldman on the role and importance of Section 230 immunity
For those who follow these things (and for those who don’t but should!), Eric Goldman just posted an excellent short essay on Section 230 immunity and account terminations. Here’s the abstract: An online provider’s termination of a user’s online account can be a major-and potentially even life-changing-event for the user. Account termination exiles the user ... Eric Goldman on the role and importance of Section 230 immunity
Larry Ribstein wins ABA’s Martin I. Lubaroff Award
We are delighted to report that the ABA Business Law Section has posthumously awarded Larry Ribstein its Martin I. Lubaroff Award, presented annually to a lawyer who has consistently demonstrated leadership, scholarship, and outstanding service in LLCs, Partnerships and Unincorporated Entities law. That describes no one so well as Larry. The award was established in 2001 ... Larry Ribstein wins ABA’s Martin I. Lubaroff Award
FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents
On July 31 the FTC voted to withdraw its 2003 Policy Statement on Monetary Remedies in Competition Cases. Commissioner Ohlhausen issued her first dissent since joining the Commission, and points out the folly and the danger in the Commission’s withdrawal of its Policy Statement. The Commission supports its action by citing “legal thinking” in favor of heightened ... FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents
UMG-EMI Deal Is No Threat To Innovation In Music Distribution
Everyone loves to hate record labels. For years, copyright-bashers have ranted about the “Big Labels” trying to thwart new models for distributing music in terms that would make JFK assassination conspiracy theorists blush. Now they’ve turned their sites on the pending merger between Universal Music Group and EMI, insisting the deal would be bad for ... UMG-EMI Deal Is No Threat To Innovation In Music Distribution
The folly of the FTC’s Section Five case against Google
In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson. The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google
And a few tidbits about Damien Geradin, too
Catching up on my blog reading, I see Chillin’ Competition had a Friday Slot interview with Damien Geradin recently, as well. Also worth checking out. I especially like this: What you like the least about economics in competition law? Mind boggling theories disconnected from the real world. These are a complete waste of time. Amen, ... And a few tidbits about Damien Geradin, too
