Showing results for: “digital markets act”
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
What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”
Today would have been Henry Manne’s 90th birthday. When he passed away in 2015 he left behind an immense and impressive legacy. In 1991, at the inaugural meeting of the American Law & Economics Association (ALEA), Manne was named a Life Member of ALEA and, along with Nobel Laureate Ronald Coase, and federal appeals court ... What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”
The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms
One of the hottest antitrust topics of late has been institutional investors’ “common ownership” of minority stakes in competing firms. Writing in the Harvard Law Review, Einer Elhauge proclaimed that “[a]n economic blockbuster has recently been exposed”—namely, “[a] small group of institutions has acquired large shareholdings in horizontal competitors throughout our economy, causing them to ... The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms
Closing the Rural Digital Divide Requires Understanding the Rural Digital Divide
I had the pleasure last month of hosting the first of a new annual roundtable discussion series on closing the rural digital divide through the University of Nebraska’s Space, Cyber, and Telecom Law Program. The purpose of the roundtable was to convene a diverse group of stakeholders — from farmers to federal regulators; from small ... Closing the Rural Digital Divide Requires Understanding the Rural Digital Divide
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
The illiberal vision of neo-Brandeisian antitrust
Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill Kovacic, Nicolas Petit, and Christine Caffarra also spoke. If we’re lucky Bruce will post his remarks on the FTC website; they were very ... The illiberal vision of neo-Brandeisian antitrust
Do biased stats provide bogus economics? A primer on publication bias and power
If you do research involving statistical analysis, you’ve heard of John Ioannidis. If you haven’t heard of him, you will. He’s gone after the fields of medicine, psychology, and economics. He may be coming for your field next. Ioannidis is after bias in research. He is perhaps best known for a 2005 paper “Why Most ... Do biased stats provide bogus economics? A primer on publication bias and power
The International Competition Network at Seventeen
Introduction Last week I attended the 17th Annual Conference of the International Competition Network (ICN) held in New Delhi, India from March 21-23. The Delhi Conference highlighted the key role of the ICN in promoting global convergence toward “best practices” in substantive and procedural antitrust analysis by national antitrust (“competition”) agencies. The ICN operates as ... The International Competition Network at Seventeen
Soylent Analytica: The Graph is too Damn Open
The world discovered something this past weekend that the world had already known: that what you say on the Internet stays on the Internet, spread intractably and untraceably through the tendrils of social media. I refer, of course, to the Cambridge Analytica/Facebook SNAFU (or just Situation Normal): the disclosure that Cambridge Analytica, a company used ... Soylent Analytica: The Graph is too Damn Open
Causing harm in the name of safety: Political opposition to non-combustible tobacco products
In January a Food and Drug Administration advisory panel, the Tobacco Products Scientific Advisory Committee (TPSAC), voted 8-1 that the weight of scientific evidence shows that switching from cigarettes to an innovative, non-combustible tobacco product such as Philip Morris International’s (PMI’s) IQOS system significantly reduces a user’s exposure to harmful or potentially harmful chemicals. This ... Causing harm in the name of safety: Political opposition to non-combustible tobacco products
The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
The U.S. Federal Trade Commission’s (FTC) well-recognized expertise in assessing unfair or deceptive acts or practices can play a vital role in policing abusive broadband practices. Unfortunately, however, because Section 5(a)(2) of the FTC Act exempts common carriers from the FTC’s jurisdiction, serious questions have been raised about the FTC’s authority to deal with unfair ... The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
