The Archives

Everything written by Kristian Stout on law, economics, and more

First Impressions from the DOJ/FTC Listening Session on Drug-Price Competition

Last week’s “listening session” on pharmaceutical competition, hosted jointly by the U.S. Justice Department (DOJ) and Federal Trade Commission (FTC), may go down as an important precursor to the Trump administration’s promised campaign to lower drug prices. While billed as a fact-finding exercise, the discussion revealed competing visions to reform the U.S. pharmaceutical ecosystem, with ... First Impressions from the DOJ/FTC Listening Session on Drug-Price Competition

Bartz v. Anthropic: Mapping Fair-Use Boundaries in the Age of Generative AI

In a nuanced decision that nonetheless could serve to shape the intersection of copyright law and artificial intelligence for the foreseeable future, Judge William Alsup of the U.S. District Court for the Northern District of California finds that “the purpose and character of using copyrighted works to train LLMs to generate new text was quintessentially ... Bartz v. Anthropic: Mapping Fair-Use Boundaries in the Age of Generative AI

Using Trade Policy to Counter Anti-Suit Injunctions and Strengthen Global Patent Enforcement

Patents are property rights that drive innovation, investment, and economic growth, which are especially critical in technology sectors that rely on global standards. Robust, enforceable patent protections have underpinned America’s technological leadership and economic prosperity by ensuring innovators are rewarded for their investments.  These property rights are, however, increasingly threatened by strategic judicial actions from ... Using Trade Policy to Counter Anti-Suit Injunctions and Strengthen Global Patent Enforcement

Misreading Machines: How the Copyright Office’s Report Undermines Generative AI

In a preview of its forthcoming report on copyright and artificial intelligence, the U.S. Copyright Office has unveiled a pre-publication draft of the report’s section on generative-AI training. The draft reflects a concerning tendency toward uncertainty and overreach, giving short shrift to the substantial arguments in favor of AI developers and deployers and notably discounting ... Misreading Machines: How the Copyright Office’s Report Undermines Generative AI

The Risks of Adopting Foreign Price Controls for Drugs

Recent reports indicate that President Donald Trump is urging House Republicans to adopt a “most favored nation” (MFN) policy for Medicaid drug purchasing, linking U.S. prices to the lowest rates paid by other countries. While the goal of reducing Medicaid costs is understandable—particularly amid growing concerns about drug affordability—relying on foreign pricing benchmarks would risk ... The Risks of Adopting Foreign Price Controls for Drugs

American Industrial Policy Should Start with No More Self-Inflicted Tax Wounds

U.S. industrial-policy efforts frequently undermine themselves through counterproductive tax regulations, creating a paradox that hinders genuine investment and economic growth. Policymakers have committed substantial resources and political capital toward reshoring domestic manufacturing, upgrading national infrastructure, and enhancing American economic competitiveness. Indeed, these goals have been central to the Trump administration’s stated economic priorities. Yet despite ... American Industrial Policy Should Start with No More Self-Inflicted Tax Wounds

AI Training Is Not Fair (According to One Court)

The concept of transformative use has emerged as a pivotal issue in fair-use analysis, particularly in cases that involve training data for artificial intelligence (AI). At its core, the transformative-use inquiry asks whether the new work repurposes original material to serve a markedly different function or market than that of the copyrighted work.  In this ... AI Training Is Not Fair (According to One Court)

Trump Administration Has Opportunity to Chart a Better Course on AI

The lawsuit that the U.S. Justice Department (DOJ) filed last August against the real-estate software provider RealPage, as well as a report issued last month by the White House Council of Economic Advisers (CEA) claiming to find $3.8 billion in consumer harms in the rental-housing market arising from the use of algorithmic-pricing tools, both stand ... Trump Administration Has Opportunity to Chart a Better Course on AI

Launching a Conversation: Insights on Industrial Policy

We are excited to announce the launch of “Perspectives on Industrial Policy,” a new Truth on the Market symposium intended to gather insights from leading experts in economics, law, and public policy. This series aims to explore the promises and pitfalls of industrial policy at a time when it occupies a central role in political ... Launching a Conversation: Insights on Industrial Policy

The AI Legislative Puzzle

With Donald Trump’s victory in this week’s presidential election, the federal government’s approach to the regulation of artificial intelligence (AI) stands at a crucial inflection point. While there may be pressure to rush through AI legislation during Congress’ upcoming lame-duck session, such haste could prove counterproductive for U.S. leadership in AI development. Instead, this transition ... The AI Legislative Puzzle

Age-Verification Mandates: Constitutional Concerns and Policy Pitfalls

In a recent post, my International Center for Law & Economics (ICLE) colleague Ben Sperry explored the First Amendment implications of Rep. John James’ (R-Mich.) proposal to mandate app stores either verify users’ ages and or obtain parental consent for users who are minors. While that analysis provided a solid foundation for understanding the constitutional ... Age-Verification Mandates: Constitutional Concerns and Policy Pitfalls

Protecting Innovation: Proposed Reforms Threaten US Pharmaceutical Leadership

Robust property rights and calibrated regulations have long been key ingredients of the U.S. life-sciences ecosystem, facilitating the development of new drugs that require substantial investments in research, development, and commercialization. Recent legislative proposals, however, threaten to undermine this system under the guise of addressing drug-pricing concerns.  Of particular concern in the current legislative landscape ... Protecting Innovation: Proposed Reforms Threaten US Pharmaceutical Leadership