Trimming the Sails of the Administrative State
In the wake of the recent OIO decision, separation of powers issues should be at the forefront of everyone’s mind. In reaching its decision, the DC Circuit relied upon Chevron to justify its extreme deference to the FCC. The court held, for instance, that Our job is to ensure that an agency has acted “within ... Trimming the Sails of the Administrative State
Critics of health insurance mergers misapply the evidence and misinterpret the market
As regulatory review of the merger between Aetna and Humana hits the homestretch, merger critics have become increasingly vocal in their opposition to the deal. This is particularly true of a subset of healthcare providers concerned about losing bargaining power over insurers. Fortunately for consumers, the merger appears to be well on its way to ... Critics of health insurance mergers misapply the evidence and misinterpret the market
Welcome guest blogger David Olson
I’m delighted to announce that David Olson will be guest blogging at Truth on the Market this summer. David is an Associate Professor at Boston College Law School. He teaches antitrust, patents, and intellectual property law. Professor Olson’s writing has been cited in Supreme Court and other legal opinions. Olson came to Boston College from Stanford ... Welcome guest blogger David Olson
Senator Lee’s prescription for regulatory failure in the generic drug market
Brand drug manufacturers are no strangers to antitrust accusations when it comes to their complicated relationship with generic competitors — most obviously with respect to reverse payment settlements. But the massive and massively complex regulatory scheme under which drugs are regulated has provided other opportunities for regulatory legerdemain with potentially anticompetitive effect, as well. In ... Senator Lee’s prescription for regulatory failure in the generic drug market
The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis
Last week the International Center for Law & Economics filed comments on the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics: Babette E. Boliek, Associate Professor of Law, Pepperdine School of Law Adam Candeub, Professor of Law, Michigan State University College of Law Justin (Gus) Hurwitz, Assistant Professor of ... The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis
Congressional testimony on legislative reform proposals for the FTC
Earlier this week I testified before the U.S. House Subcommittee on Commerce, Manufacturing, and Trade regarding several proposed FTC reform bills. You can find my written testimony here. That testimony was drawn from a 100 page report, authored by Berin Szoka and me, entitled “The Federal Trade Commission: Restoring Congressional Oversight of the Second National Legislature — An ... Congressional testimony on legislative reform proposals for the FTC
The Third Circuit pushes back on FCC’s unjustified rule on joint sales agreements
While we all wait on pins and needles for the DC Circuit to issue its long-expected ruling on the FCC’s Open Internet Order, another federal appeals court has pushed back on Tom Wheeler’s FCC for its unremitting “just trust us” approach to federal rulemaking. The case, round three of Prometheus, et al. v. FCC, involves ... The Third Circuit pushes back on FCC’s unjustified rule on joint sales agreements
FTC v Amazon: With every victory in court the FTC loses a little more
Yesterday a federal district court in Washington state granted the FTC’s motion for summary judgment against Amazon in FTC v. Amazon — the case alleging unfair trade practices in Amazon’s design of the in-app purchases interface for apps available in its mobile app store. The headlines score the decision as a loss for Amazon, and the FTC, of course, ... FTC v Amazon: With every victory in court the FTC loses a little more
Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM
On Friday the the International Center for Law & Economics filed comments with the FCC in response to Chairman Wheeler’s NPRM (proposed rules) to “unlock” the MVPD (i.e., cable and satellite subscription video, essentially) set-top box market. Plenty has been written on the proposed rulemaking—for a few quick hits (among many others) see, e.g., Richard ... Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM
O competition, we stand on guard for thee
Today’s Canadian Competition Bureau (CCB) Google decision marks yet another regulator joining the chorus of competition agencies around the world that have already dismissed similar complaints relating to Google’s Search or Android businesses (including the US FTC, the Korea FTC, the Taiwan FTC, and AG offices in Texas and Ohio). A number of courts around ... O competition, we stand on guard for thee
Netflix and net neutrality: Hypocritically screwing over Internet users since 2015!
Netflix’s latest net neutrality hypocrisy (yes, there have been others. See here and here, for example) involves its long-term, undisclosed throttling of its video traffic on AT&T’s and Verizon’s wireless networks, while it lobbied heavily for net neutrality rules from the FCC that would prevent just such throttling by ISPs. It was Netflix that coined ... Netflix and net neutrality: Hypocritically screwing over Internet users since 2015!
Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
As ICLE argued in its amicus brief, the Second Circuit’s ruling in United States v. Apple Inc. is in direct conflict with the Supreme Court’s 2007 Leegin decision, and creates a circuit split with the Third Circuit based on that court’s Toledo Mack ruling. Moreover, the negative consequences of the court’s ruling will be particularly acute ... Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
