Senator Warner’s retrogressive proposals could lead to arbitrary and capricious interventions that would harm entrepreneurs and consumers
Last week, I objected to Senator Warner relying on the flawed AOL/Time Warner merger conditions as a template for tech regulatory policy, but there is a much deeper problem contained in his proposals. Although he does not explicitly say “big is bad” when discussing competition issues, the thrust of much of what he recommends would ... Senator Warner’s retrogressive proposals could lead to arbitrary and capricious interventions that would harm entrepreneurs and consumers
AOL/Time Warner merger conditions are a template for disastrous tech policy
Senator Mark Warner has proposed 20 policy prescriptions for bringing “big tech” to heel. The proposals — which run the gamut from policing foreign advertising on social networks to regulating feared competitive harms — provide much interesting material for Congress to consider. On the positive side, Senator Warner introduces the idea that online platforms may ... AOL/Time Warner merger conditions are a template for disastrous tech policy
Will the European Commission Reduce the Incentive to Innovate?
The EC’s Android decision is expected sometime in the next couple of weeks. Current speculation is that the EC may issue a fine exceeding last year’s huge 2.4B EU fine for Google’s alleged antitrust violations related to the display of general search results. Based on the statement of objections (“SO”), I expect the Android decision ... Will the European Commission Reduce the Incentive to Innovate?
For LabMD, the Devil Is in the Not-So-Well Specified Details
The Eleventh Circuit’s LabMD opinion came out last week and has been something of a rorschach test for those of us who study consumer protection law. Neil Chilson found the result to be a disturbing sign of slippage in Congress’s command that the FTC refrain from basing enforcement on “public policy.” Berin Szóka, on the ... For LabMD, the Devil Is in the Not-So-Well Specified Details
Canadian Site Blocking Proposal Is a Good Experiment in Controlling Piracy
In an ideal world, it would not be necessary to block websites in order to combat piracy. But we do not live in an ideal world. We live in a world in which enormous amounts of content—from books and software to movies and music—is being distributed illegally. As a result, content creators and owners are ... Canadian Site Blocking Proposal Is a Good Experiment in Controlling Piracy
The net neutrality CRA may be the most tedious piece of political theater ever
At this point, only the most masochistic and cynical among DC’s policy elite actually desire for the net neutrality conflict to continue. And yet, despite claims that net neutrality principles are critical to protecting consumers, passage of the current Congressional Review Act (“CRA”) disapproval resolution in Congress would undermine consumer protection and promise only to ... The net neutrality CRA may be the most tedious piece of political theater ever
The Tariff Act is indeed protectionist — and that’s how Congress wants it
Although not always front page news, International Trade Commission (“ITC”) decisions can have major impacts on trade policy and antitrust law. Scott Kieff, a former ITC Commissioner, recently published a thoughtful analysis of Certain Carbon and Alloy Steel Products — a potentially important ITC investigation that implicates the intersection of these two policy areas. Scott was ... The Tariff Act is indeed protectionist — and that’s how Congress wants it
Amazon and the Unwisdom of the Populist Crowd
There are some who view a host of claimed negative social ills allegedly related to the large size of firms like Amazon as an occasion to call for the company’s break up. And, unfortunately, these critics find an unlikely ally in President Trump, whose tweet storms claim that tech platforms are too big and extract unfair rents ... Amazon and the Unwisdom of the Populist Crowd
Net Neutrality Paranoia
The paranoid style is endemic across the political spectrum, for sure, but lately, in the policy realm haunted by the shambling zombie known as “net neutrality,” the pro-Title II set are taking the rhetoric up a notch. This time the problem is, apparently, that the FCC is not repealing Title II classification fast enough, which ... Net Neutrality Paranoia
Trade Agreements and Restatements as End Runs Around the Rule of Law
The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s contribution to our daily lives is hard to overstate. Moving forward there is undoubtedly much more that we can and will do with the Internet, and ... Trade Agreements and Restatements as End Runs Around the Rule of Law
The Unreasonable Demands of Antitrust Populism
A panelist brought up an interesting tongue-in-cheek observation about the rising populist antitrust movement at a Heritage antitrust event this week. To the extent that the new populist antitrust movement is broadly concerned about effects on labor and wage depression, then, in principle, it should also be friendly to cartels. Although counterintuitive, employees have long ... The Unreasonable Demands of Antitrust Populism
New Report: Canadian Interchange Fee Caps Would Hurt Consumers
Canada’s large merchants have called on the government to impose price controls on interchange fees, claiming this would benefit not only merchants but also consumers. But experience elsewhere contradicts this claim. In a recently released Macdonald Laurier Institute report, Julian Morris, Geoffrey A. Manne, Ian Lee, and Todd J. Zywicki detail how price controls on ... New Report: Canadian Interchange Fee Caps Would Hurt Consumers
