Showing results for: “digital markets act”
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
A Windfall for Insurers in the Medicare Part D Coverage Gap
The two-year budget plan passed last week makes important changes to payment obligations in the Medicare Part D coverage gap, also known as the donut hole. While the new plan produces a one-year benefit for seniors by reducing what they pay a year earlier than was already mandated, it permanently shifts much of the drug ... A Windfall for Insurers in the Medicare Part D Coverage Gap
Google’s India case and a return to consumer-focused antitrust
What happened Today, following a six year investigation into Google’s business practices in India, the Competition Commission of India (CCI) issued its ruling. Two things, in particular, are remarkable about the decision. First, while the CCI’s staff recommended a finding of liability on a litany of claims (the exact number is difficult to infer from ... Google’s India case and a return to consumer-focused antitrust
Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary
On January 23rd, the Heritage Foundation convened its Fourth Annual Antitrust Conference, “Trump Antitrust Policy after One Year.” The entire Conference can be viewed online (here). The Conference featured a keynote speech, followed by three separate panels that addressed developments at the Federal Trade Commission (FTC), at the Justice Department’s Antitrust Division (DOJ), and in ... Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary
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
Existing Antitrust Tools are Perfectly Adequate to Deal with the New “Winner-Take-All” Economy
Are current antitrust tools fully adequate to cope with the challenges posed by giant online “digital platforms” (such as Google, Amazon, and Facebook)? Yes. Should antitrust rules be expanded to address broader social concerns that transcend consumer welfare and economic efficiency, such as income inequality and allegedly excessive big business influence on the political process? ... Existing Antitrust Tools are Perfectly Adequate to Deal with the New “Winner-Take-All” Economy
The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
On December 1, 2017, in granting certiorari in Salt River Project Agricultural Improvement and Power District v. SolarCity Corp., the U.S. Supreme Court agreed to consider “whether orders denying antitrust state-action immunity to public entities are immediately appealable under the collateral-order doctrine.” At first blush, this case might appear to involve little more than a ... The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
The year ahead in drug pricing.
Last week, several major drug makers marked the new year by announcing annual increases on list prices. In addition to drug maker Allergan—which pledged last year to confine price increases below 10 percent and, true to its word, reported 2018 price increases of 9.5 percent—several other companies also stuck to single-digit increases. Although list or “sticker” ... The year ahead in drug pricing.
Second Circuit’s BMI Decision Commendably Overturns the Justice Department’s Interference with Efficient Contracting in Performance Rights Licensing
Introduction and Summary On December 19, 2017, the U.S. Court of Appeals for the Second Circuit presented Broadcast Music, Inc. (BMI) with an early Christmas present. Specifically, the Second Circuit commendably affirmed the District Court for the Southern District of New York’s September 2016 ruling rejecting the U.S. Department of Justice’s (DOJ) August 2016 reinterpretation ... Second Circuit’s BMI Decision Commendably Overturns the Justice Department’s Interference with Efficient Contracting in Performance Rights Licensing
A Pro-Free Market Approach to Brexit Negotiations Is Key
The terms of the United Kingdom’s (UK) exit from the European Union (EU) – “Brexit” – are of great significance not just to UK and EU citizens, but for those in the United States and around the world who value economic liberty (see my Heritage Foundation memorandum giving the reasons why, here). If Brexit is ... A Pro-Free Market Approach to Brexit Negotiations Is Key
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
