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Showing results for:  “digital markets act”

The price of closing the Google search antitrust case: questionable precedent on patents

The Federal Trade Commission yesterday closed its investigation of Google’s search business (see my comment here) without taking action. The FTC did, however, enter into a settlement with Google over the licensing of Motorola Mobility’s standards-essential patents (SEPs). The FTC intends that agreement to impose some limits on an area of great complexity and vigorous ... The price of closing the Google search antitrust case: questionable precedent on patents

FTC Deservedly Closes Google Antitrust Investigation Without Taking Action

I have been a critic of the Federal Trade Commission’s investigation into Google since it was a gleam in its competitors’ eyes—skeptical that there was any basis for a case, and concerned about the effect on consumers, innovation and investment if a case were brought. While it took the Commission more than a year and ... FTC Deservedly Closes Google Antitrust Investigation Without Taking Action

Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates

Given the kerfuffle among libertarians and conservatives in the past month over what is basic copyright policy, my colleague and copyright law expert, Chris Newman, sent me this interesting Google Ngram graph on the use of “encouragement” vs. “incentive.”  I won’t commit the fallacy of hasty generalization by inferring any conclusions from this single comparison, ... Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates

Tears for Tiers: Wyden’s “Data Cap” Restrictions Would Hurt, not Help, Internet Users

As Democrats insist that income taxes on the 1% must go up in the name of fairness, one Democratic Senator wants to make sure that the 1% of heaviest Internet users pay the same price as the rest of us. It’s ironic how confused social justice gets when the Internet’s involved. Senator Ron Wyden is ... Tears for Tiers: Wyden’s “Data Cap” Restrictions Would Hurt, not Help, Internet Users

Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check

A debate is brewing in Congress over whether to allow the Federal Trade Commission to sidestep decades of antitrust case law and economic theory to define, on its own, when competition becomes “unfair.” Unless Congress cancels the FTC’s blank check, uncertainty about the breadth of the agency’s power will chill innovation, especially in the tech ... Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check

Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)

A heavily revised and expanded verison of one of my earlier blog postings was just posted as an op-ed on Forbes.com.  This op-ed addresses how the FTC and DOJ have let themselves become swept up in anti-patent rhetoric, as evidenced by the FTC-DOJ workshop on December 10 that I participated in. Here’s a small taste ... Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)

Ending Transaction ‘Mission Creep’ at the FCC

by Larry Downes and Geoffrey A. Manne Now that the election is over, the Federal Communications Commission is returning to the important but painfully slow business of updating its spectrum management policies for the 21st century. That includes a process the agency started in September to formalize its dangerously unstructured role in reviewing mergers and ... Ending Transaction ‘Mission Creep’ at the FCC

“Google and Antitrust” roundtable at AALS

I will be participating in a wide-ranging discussion of Google and antitrust issues at the upcoming AALS meeting in New Orleans in January. The Antitrust and Economic Regulation Section of the AALS is hosting the roundtable, organized by Mike Carrier. Mike and I will be joined by Marina Lao, Frank Pasquale, Pam Samuelson, and Mark ... “Google and Antitrust” roundtable at AALS

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements.  Thus, for instance, libertarian law professor, Tom Bell, has written in the University of Illinois Journal of Law, ... The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

Debates on Patent System Should Focus on Facts, Not Rhetoric

The following is an op-ed I wrote last week on behalf of the Innovation Alliance, which represents innovators, patent owners and stakeholders from a diverse range of industries that believe in the critical importance of maintaining a strong patent system that supports innovative enterprises of all sizes.  Unfortunately, the op-ed not find a home in a ... Debates on Patent System Should Focus on Facts, Not Rhetoric

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)

In libertarian critiques of intellectual property (IP) rights, such as copyrights and patents, it’s common to the hear the claim that “traditional property rights in land” is based in inductive, ground-up “common law court decisions,” but that IP rights are top-down, artificial statutory entitlements.  Thus, the argument goes, property rights in land are rooted solely ... The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)

Prominent Professors, Deans and Former Government Officials Support Josh Wright’s Nomination to FTC

Today, thirty-one prominent deans, professors, and former government officials who specialize in law and economics and antitrust submitted a letter to the Senate Commerce Committee supporting Josh Wright‘s nomination to be a Commissioner at the Federal Trade Commission. The letter, which is addressed to Chairman John D. Rockefeller IV and Ranking Member Kay Bailey Hutchison of ... Prominent Professors, Deans and Former Government Officials Support Josh Wright’s Nomination to FTC