The Archives

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

Showing results for:  “digital markets act”

When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers

I just posted a new ICLE white paper, co-authored with former ICLE Associate Director, Ben Sperry: When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers. Yesterday the hearing in the DOJ’s challenge to stop the Aetna-Humana merger got underway, and last week phase 1 of the Cigna-Anthem merger trial ... When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers

Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom

The Senate should not reconfirm Jessica Rosenworcel to the Federal Communications Commission (FCC), in order to allow the Trump Administration to usher in needed reforms in the critical area of communications policy. As documented by the Free State Foundation (FSF) and other supporters of free markets, the Obama Administration’s FCC has done a dismal job ... Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom

What’s next for the pharmaceutical industry?

On November 9, pharmaceutical stocks soared as Donald Trump’s election victory eased concerns about government intervention in drug pricing. Shares of Pfizer rose 8.5%, Allergan PLC was up 8%, and biotech Celgene jumped 10.4%. Drug distributors also gained, with McKesson up 6.4% and Express Scripts climbing 3.4%. Throughout the campaign, Clinton had vowed to take on ... What’s next for the pharmaceutical industry?

December 6 Heritage Foundation Program on IP Rights, Competition, and Due Process Overseas: Attend or Watch

In recent years, aggressive antitrust enforcement overseas has increasingly targeted some of America’s most successful and innovative companies, such as Apple, Google, Microsoft, and Qualcomm.  Inadequate foreign due process and insufficient protection for American intellectual property rights are a feature of many foreign antitrust actions, which threaten to undermine key American producers – harming U.S. ... December 6 Heritage Foundation Program on IP Rights, Competition, and Due Process Overseas: Attend or Watch

Competition Policy for a New Administration

As Truth on the Market readers prepare to enjoy their Thanksgiving dinners, let me offer some (hopefully palatable) “food for thought” on a competition policy for the new Trump Administration.  In referring to competition policy, I refer not just to lawsuits directed against private anticompetitive conduct, but more broadly to efforts aimed at curbing government ... Competition Policy for a New Administration

The Internet Association’s vision for the future looks a lot like the past

Last week, the Internet Association (“IA”) — a trade group representing some of America’s most dynamic and fastest growing tech companies, including the likes of Google, Facebook, Amazon, and eBay — presented the incoming Trump Administration with a ten page policy paper entitled “Policy Roadmap for New Administration, Congress.” The document’s content is not surprising, ... The Internet Association’s vision for the future looks a lot like the past

Truth on the Market welcomes our newest blogger, Neil Turkewitz

Truth on the Market is delighted to welcome our newest blogger, Neil Turkewitz. Neil is the newly minted Senior Policy Counsel at the International Center for Law & Economics (so we welcome him to ICLE, as well!). Prior to joining ICLE, Neil spent 30 years at the Recording Industry Association of America (RIAA), most recently ... Truth on the Market welcomes our newest blogger, Neil Turkewitz

The FTC, not the FCC, Should Regulate Internet Privacy

In an October 25 blog commentary posted at this site, Geoffrey Manne and Kristian Stout argued against a proposed Federal Communications Commission (FCC) ban on the use of mandatory arbitration clauses in internet service providers’ consumer service agreements.  This proposed ban is just one among many unfortunate features in the latest misguided effort by the ... The FTC, not the FCC, Should Regulate Internet Privacy

ICN Advocacy Workshop a Success

On November 1st and 2nd, Cofece, the Mexican Competition Agency, hosted an International Competition Network (ICN) workshop on competition advocacy, featuring presentations from government agency officials, think tanks, and international organizations.  The workshop highlighted the excellent work that the ICN has done in supporting efforts to curb the most serious source of harm to the ... ICN Advocacy Workshop a Success

An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach

Over the weekend, Senator Al Franken and FCC Commissioner Mignon Clyburn issued an impassioned statement calling for the FCC to thwart the use of mandatory arbitration clauses in ISPs’ consumer service agreements — starting with a ban on mandatory arbitration of privacy claims in the Chairman’s proposed privacy rules. Unfortunately, their call to arms rests ... An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach

FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us outside the Commission has actually seen the proposal. But earlier this month Chairman Wheeler released a Fact Sheet that suggests some of the ways it ... FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

The FTC’s PAE Study Recommendations: Case Not Proven

On October 6, 2016, the U.S. Federal Trade Commission (FTC) issued Patent Assertion Entity Activity: An FTC Study (PAE Study), its much-anticipated report on patent assertion entity (PAE) activity.  The PAE Study defined PAEs as follows: Patent assertion entities (PAEs) are businesses that acquire patents from third parties and seek to generate revenue by asserting ... The FTC’s PAE Study Recommendations: Case Not Proven