The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

The destiny of telecom regulation is antitrust

This week the FCC will vote on Chairman Ajit Pai’s Restoring Internet Freedom Order. Once implemented, the Order will rescind the 2015 Open Internet Order and return antitrust and consumer protection enforcement to primacy in Internet access regulation in the U.S. In anticipation of that, earlier this week the FCC and FTC entered into a ... The destiny of telecom regulation is antitrust

Abandon Title II, Return to Antitrust

Just in time for tomorrow’s FCC vote on repeal of its order classifying Internet Service Providers as common carriers, the St. Louis Post-Dispatch has published my op-ed entitled The FCC Should Abandon Title II and Return to Antitrust. Here’s the full text: The Federal Communications Commission (FCC) will soon vote on whether to repeal an ... Abandon Title II, Return to Antitrust

FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection

As the Federal Communications (FCC) prepares to revoke its economically harmful “net neutrality” order and replace it with a free market-oriented “Restoring Internet Freedom Order,” the FCC and the Federal Trade Commission (FTC) commendably have announced a joint policy for cooperation on online consumer protection.  According to a December 11 FTC press release: The Federal ... FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection

An ambitious AG, a disgruntled competitor, and the contrived antitrust case against Google in Missouri

The populists are on the march, and as the 2018 campaign season gets rolling we’re witnessing more examples of political opportunism bolstered by economic illiteracy aimed at increasingly unpopular big tech firms. The latest example comes in the form of a new investigation of Google opened by Missouri’s Attorney General, Josh Hawley. Mr. Hawley — ... An ambitious AG, a disgruntled competitor, and the contrived antitrust case against Google in Missouri

Pai’s Right on Net Neutrality and Title II

As I explain in my new book, How to Regulate, sound regulation requires thinking like a doctor.  When addressing some “disease” that reduces social welfare, policymakers should catalog the available “remedies” for the problem, consider the implementation difficulties and “side effects” of each, and select the remedy that offers the greatest net benefit. If we ... Pai’s Right on Net Neutrality and Title II

Supreme Court Turns Again to Patent Cases, Against the Backdrop of a Decline in American Patent Protection that Threatens Future U.S. Innovation and International Competitiveness

On November 27, the U.S. Supreme Court will turn once again to patent law, hearing cases addressing the constitutionality of Patent Trial and Appeal Board (PTAB) “inter partes” review (Oil States Energy v. Greene), and whether PTAB must issue a final written decision as to every claim challenged by the petitioner in an inter partes ... Supreme Court Turns Again to Patent Cases, Against the Backdrop of a Decline in American Patent Protection that Threatens Future U.S. Innovation and International Competitiveness

2018 Edition of the Heritage Foundation’s Index of Economic Freedom: Freedom to Trade Is a Key to Prosperity

The latest rankings of trade freedom around the world will be set forth and assessed in the 24th annual edition of the Heritage Foundation annual Index of Economic Freedom (Index), which will be published in January 2018.  Today Heritage published a sneak preview of the 2018 Index’s analysis of freedom to trade, which merits public ... 2018 Edition of the Heritage Foundation’s Index of Economic Freedom: Freedom to Trade Is a Key to Prosperity

Some Good News (Maybe?) from DOJ’s Antitrust Division

I remain deeply skeptical of any antitrust challenge to the AT&T/Time Warner merger.  Vertical mergers like this one between a content producer and a distributor are usually efficiency-enhancing.  The theories of anticompetitive harm here rely on a number of implausible assumptions — e.g., that the combined company would raise content prices (currently set at profit-maximizing ... Some Good News (Maybe?) from DOJ’s Antitrust Division

Just in Time for Christmas: How to Regulate

My new book, How to Regulate: A Guide for Policymakers, is now available on Amazon.  Inform Santa! The book, published by Cambridge University Press, attempts to fill what I think is a huge hole in legal education:  It focuses on the substance of regulation and sets forth principles for designing regulatory approaches that will maximize social ... Just in Time for Christmas: How to Regulate

A Well-Reasoned Antitrust Division Boost for the Legitimate Exploitation of Patent Rights

On November 10, at the University of Southern California Law School, Assistant Attorney General for Antitrust Makan Delrahim delivered an extremely important policy address on the antitrust treatment of standard setting organizations (SSOs).  Delrahim’s remarks outlined a dramatic shift in the Antitrust Division’s approach to controversies concerning the licensing of standard essential patents (SEPs, patents ... A Well-Reasoned Antitrust Division Boost for the Legitimate Exploitation of Patent Rights

ICLE Files Ex Parte Notice With FCC on Restoring Internet Freedom NPRM

This week, the International Center for Law & Economics filed an ex parte notice in the FCC’s Restoring Internet Freedom docket. In it, we reviewed two of the major items that were contained in our formal comments. First, we noted that the process by which [the Commission] enacted the 2015 [Open Internet Order]… demonstrated scant ... ICLE Files Ex Parte Notice With FCC on Restoring Internet Freedom NPRM

Dave Haddock Remembers Fred McChesney

David Haddock is Professor of Law and Professor of Economics at Northwestern University and a Senior Fellow Emeritus at PERC. The day Fred McChesney departed this life, the world lost an intelligent, enthusiastic, and intellectually rigorous scholar of law & economics. A great many of us also lost one of our most trusted and generous ... Dave Haddock Remembers Fred McChesney