The Archives

Everything written by Geoffrey A. Manne on law, economics, and more

Court strikes down Net neutrality rules but grants FCC sweeping new power over Internet

Today the D.C. Circuit struck down most of the FCC’s 2010 Open Internet Order, rejecting rules that required broadband providers to carry all traffic for edge providers (“anti-blocking”) and prevented providers from negotiating deals for prioritized carriage. However, the appeals court did conclude that the FCC has statutory authority to issue “Net Neutrality” rules under ... Court strikes down Net neutrality rules but grants FCC sweeping new power over Internet

Wireless Spectrum: Free Market or Rigged Market?

The debates over mobile spectrum aggregation and the auction rules for the FCC’s upcoming incentive auction — like all regulatory rent-seeking — can be farcical. One aspect of the debate in particular is worth highlighting, as it puts into stark relief the tendentiousness of self-interested companies making claims about the public interestedness of their preferred ... Wireless Spectrum: Free Market or Rigged Market?

Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance

Like most libertarians I’m concerned about government abuse of power. Certainly the secrecy and seeming reach of the NSA’s information gathering programs is worrying. But we can’t and shouldn’t pretend like there are no countervailing concerns (as Gordon Crovitz points out). And we certainly shouldn’t allow the fervent ire of the most radical voices — ... Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance

Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent

Commissioner Wright makes a powerful and important case in dissenting from the FTC’s 2-1 (Commissioner Ohlhausen was recused from the matter) decision imposing conditions on Nielsen’s acquisition of Arbitron. Essential to Josh’s dissent is the absence of any actual existing market supporting the Commission’s challenge: Nielsen and Arbitron do not currently compete in the sale ... Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent

How the FCC Will Lose on Net Neutrality

Today’s oral argument in the D.C Circuit over the FCC’s Net Neutrality rules suggests that the case — Verizon v. FCC — is likely to turn on whether the Order impermissibly imposes common carrier regulation on broadband ISPs. If so, the FCC will lose, no matter what the court thinks of the Commission’s sharply contested ... How the FCC Will Lose on Net Neutrality

A guide to today’s net neutrality oral arguments

We’ll be delving into today’s oral arguments at our live-streamed TechFreedom/ICLE event at 12:30 EDT — and tweeting on the #NetNeutrality hashtag. But here are a few thoughts to help guide the frantic tea-leaf reading everyone will doubtless be engaged in after (and probably even during) the arguments: While most commentators have focused on ancillary ... A guide to today’s net neutrality oral arguments

Two net neutrality events following oral argument in Verizon v FCC on Monday

On Monday the DC Circuit hears oral argument in Verizon v. FCC – the case challenging the FCC’s Open Internet Order. Following the oral argument I’ll be participating in two events discussing the case. The first is a joint production of the International Center for Law & Economics and TechFreedom, a lunchtime debrief on the ... Two net neutrality events following oral argument in Verizon v FCC on Monday

Truth on the Market on Coase

Not surprisingly, we’ve discussed Coase quite a bit here at Truth on the Market. Follow this link to see our collected thoughts on Coase over the years. Probably my favorite, and certainly most frequently quoted, of Coase’s many wise words is this: One important result of this preoccupation with the monopoly problem is that if an ... Truth on the Market on Coase

Ronald Coase on regulation

As Gus said, there will be much more to say, and much more said by others, on Coase’s passing. For now, I offer this excerpt from a 1997 Reason interview he gave with Tom Hazlett: Hazlett: You said you’re not a libertarian. What do you consider your politics to be? Coase: I really don’t know. I don’t reject ... Ronald Coase on regulation

Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry

We’re delighted to welcome two new bloggers to Truth on the Market: Gus Hurwitz and Ben Sperry. Gus is an assistant professor of law at the University of Nebraska. His work looks at the interface between law and technology and the role of regulation in high-tech industries. He has a particular expertise in telecommunications law and ... Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry

Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement

Josh and Maureen are to be commended for their important contributions to the discussion over the proper scope of the FTC’s Section 5 enforcement authority. I have commented extensively on UMC and Section 5, Josh’s statement, and particularly the problems if UMC enforcement against the use of injunctions to enforce FRAND-encumbered SEPs before (see, for ... Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement

Welcome to the TOTM Blog Symposium: Regulating the Regulators–Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority

Regulating the Regulators: Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority August 1, 2013 Truthonthemarket.com Welcome! We’re delighted to kick off our one-day blog symposium on the FTC’s unfair methods of competition (UMC) authority under Section 5 of the FTC Act. Last month, FTC Commissioner Josh Wright began a much-needed conversation on the ... Welcome to the TOTM Blog Symposium: Regulating the Regulators–Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority