Showing results for: “digital markets act”
Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.
It’s not often that I disagree with my friend and co-author, FTC Commissioner Josh Wright, on an antitrust matter. But when it comes to the proper legal treatment of loyalty discounts, the Commish and I just don’t see eye to eye. In a speech this past Monday evening, Commissioner Wright rejected the view that there should ... Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.
Agent McConnell and My Generation’s “Greatest Mind on Antitrust Law”
If we’ve learned anything from the pending IRS scandal, it’s that bureaucrats matter. Senate Minority Leader Mitch McConnell apparently thinks so. According to a recent National Review article, McConnell, unlike most minority leaders, has put a great deal of effort into recommending highly qualified individuals for spots on the more than 100 bipartisan agencies and commissions in the federal bureaucracy. He views ... Agent McConnell and My Generation’s “Greatest Mind on Antitrust Law”
Why I think the government will have a tough time winning the Apple e-books antitrust case
Trial begins today in the Southern District of New York in United States v. Apple (the Apple e-books case), which I discussed previously here. Along with co-author Will Rinehart, I also contributed an essay to a discussion of the case in Concurrences (alongside contributions from Jon Jacobson and Mark Powell, among others). Much of my ... Why I think the government will have a tough time winning the Apple e-books antitrust case
My Hip Saga and How the Affordable Care Act Squandered Our Best Opportunity to Lower Health Care Costs
After two years of nagging and increasingly worse hip and leg pain, I learned last August (at age forty) that I have a congenital hip deformity and need to have both hips replaced. In planning for this surgery, I’ve witnessed first-hand a problem that is driving American health care costs through the roof and is exacerbated by ... My Hip Saga and How the Affordable Care Act Squandered Our Best Opportunity to Lower Health Care Costs
Zeke Emanuel on the ACA’s Adverse Selection Problem and Solutions to It
Ezekiel Emanuel, Rahm’s brother and former health care adviser to President Obama, acknowledges in today’s Wall Street Journal that adverse selection may prove to be a “bump in the road” in the implementation of the Affordable Care Act (ACA). But never you mind. He’s got solutions. And, as usual, they all come down to messaging. Emanuel describes ... Zeke Emanuel on the ACA’s Adverse Selection Problem and Solutions to It
Behavioral Merger Remedies and the Hippocratic Principle
Last Thursday, the FTC settled a challenge to a company’s acquisitions of two key rivals. The two acquisitions, each of which failed to meet the threshold for required reporting under Hart Scott Rodino, occurred in 2005 and 2008. Because the acquired companies have been fully integrated into the acquirer and all distinct operations have been ... Behavioral Merger Remedies and the Hippocratic Principle
Commissioner Wright lays down the gauntlet on Section 5
As Thom noted (here and here), Josh’s speech at the ABA Spring Meeting was fantastic. In laying out his agenda at the FTC, Josh highlighted two areas on which he intends to focus: Section 5 and public restraints on trade. These are important, even essential, areas, and Josh’s leadership here will be most welcome. I’m ... Commissioner Wright lays down the gauntlet on Section 5
Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting
Friday I discussed FTC Commissioner (and TOTM alumnus) Josh Wright’s speech at the Spring Meeting of the ABA’s Antitrust Section. Wright’s speech, What’s Your Agenda?, is now available online. As I mentioned, Commissioner Wright emphasized two matters on which he’d like to see FTC action. First, he hopes the Commission will help fulfill the promise of Section 5 of the FTC Act by ... Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting
Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
I’ve spent the last few days in DC at the ABA Antitrust Section’s Spring Meeting. The Spring Meeting is the extravaganza of the year for antitrust lawyers, bringing together leading antitrust practitioners, enforcers, and academics for in-depth discussions about developments in the law. It’s really a terrific event. I was honored this year to have ... Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
How Copyright Drives Innovation in Scholarly Publishing
[Cross posted at the Center for the Protection of Intellectual Property blog.] Today’s public policy debates frame copyright policy solely in terms of a “trade off” between the benefits of incentivizing new works and the social deadweight losses imposed by the access restrictions imposed by these (temporary) “monopolies.” I recently posted to SSRN a new ... How Copyright Drives Innovation in Scholarly Publishing
Innovation for the 21st Century Symposium
The topic of TOTM’s first blog symposium is Michael Carrier’s forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (from Oxford University Press). Here is a description of the book’s contents from Professor Carrier: Innovation for the 21st Century offers ten proposals, from pharmaceuticals to peer-to-peer software, that will help ... Innovation for the 21st Century Symposium
The Law & Economics of Interchange Fees Symposium
For the uninitiated, the interchange fee is the fee charged (usually) by the credit card issuing bank (the cardholder’s bank) to the credit card acquiring bank (the merchant’s bank) to settle a credit card transaction between the cardholder and the merchant. Interchange fees, as well as various rules set by credit card networks governing credit ... The Law & Economics of Interchange Fees Symposium
