Showing results for: “digital markets act”
Understanding ownership and property in the Digital Age
What does it mean to “own” something? A simple question (with a complicated answer, of course) that, astonishingly, goes unasked in a recent article in the Pennsylvania Law Review entitled, What We Buy When We “Buy Now,” by Aaron Perzanowski and Chris Hoofnagle (hereafter “P&H”). But how can we reasonably answer the question they pose ... Understanding ownership and property in the Digital Age
Bundling and Competition Law in China: Sage Comments by the Scalia Law School’s Global Antitrust Institute
Introduction For nearly two years, the Global Antitrust Institute (GAI) at George Mason University’s Scalia Law School has filed an impressive series of comments on foreign competition laws and regulations. The latest GAI comment, dated March 19 (“March 19 comment”), focuses on proposed revisions to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of ... Bundling and Competition Law in China: Sage Comments by the Scalia Law School’s Global Antitrust Institute
Significant Impediment To Industry Innovation: A novel theory of harm in EU merger policy?
In Brussels, the talk of the town is that the European Commission (“Commission”) is casting a new eye on the old antitrust conjecture that prophesizes a negative relationship between industry concentration and innovation. This issue arises in the context of the review of several mega-mergers in the pharmaceutical and AgTech (i.e., seed genomics, biochemicals, “precision ... Significant Impediment To Industry Innovation: A novel theory of harm in EU merger policy?
Experts’ Report Proposes Greater Coordination of U.S. Competition Law and Trade Law Policies
On March 14, the U.S. Chamber of Commerce released a report “by an independent group of experts it commissioned to consider U.S. responses to the inappropriate use of antitrust enforcement actions worldwide to achieve industrial policy outcomes.” (See here and here.) I served as rapporteur for the report, which represents the views of the experts ... Experts’ Report Proposes Greater Coordination of U.S. Competition Law and Trade Law Policies
Copyright and the Public Interest: The Importance of Ensuring that Righteousness of Purpose Doesn’t Trump Principle
I recently became aware of a decision from the High Court in South Africa that examines an interesting intersection of freedom of expression, copyright and contract. It addresses the issue of how to define the public interest in an environment of relatively unguarded rhetoric about the role of copyright in society that is worth exploring. ... Copyright and the Public Interest: The Importance of Ensuring that Righteousness of Purpose Doesn’t Trump Principle
Common Ownership by Institutional Investors: Beware Antitrust Overreach
The antitrust industry never sleeps – it is always hard at work seeking new business practices to scrutinize, eagerly latching on to any novel theory of anticompetitive harm that holds out the prospect of future investigations. In so doing, antitrust entrepreneurs choose, of course, to ignore Nobel Laureate Ronald Coase’s warning that “[i]f an economist ... Common Ownership by Institutional Investors: Beware Antitrust Overreach
Judge Gorsuch’s Distinguished Antitrust Record
Overview A?merica’s antitrust laws have long held a special status in the ?federal statutory hierarchy. The Supreme Court of the United States, for example, famously stated that the “[a]ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.” Thus, when considering the qualifications of a nominee to the ... Judge Gorsuch’s Distinguished Antitrust Record
Why the Federal Trade Commission (not the Consumer Financial Protection Bureau) Should Oversee Consumer Protection in Financial Markets
On February 28, the Heritage Foundation released Prosperity Unleashed: Smarter Financial Regulation, a Report that lays bare the heavy and unnecessary burdens imposed on our economy by defective financial regulations, and proposed market-oriented regulatory reforms that would benefit American producers, consumers, and the overall economy. In a recent Truth on the Market blog commentary, I ... Why the Federal Trade Commission (not the Consumer Financial Protection Bureau) Should Oversee Consumer Protection in Financial Markets
Unleashing Prosperity through Smarter Financial Regulation
On February 28, the Heritage Foundation issued a volume of essays by leading scholars on the law and economics of financial services regulatory reform entitled Prosperity Unleashed: Smarter Financial Regulation. This Report, which is well worth a read (in particular, by incoming Trump Administration officials and Members of Congress), is available online. The Report’s 23 ... Unleashing Prosperity through Smarter Financial Regulation
Targeting Federal Agency Regulatory Overreach through the Congressional Review Act (CRA)
On February 22, 2017, an all-star panel at the Heritage Foundation discussed “Reawakening the Congressional Review Act” – a statute which gives Congress sixty legislative days to disapprove a proposed federal rule (subject to presidential veto), under an expedited review process not subject to Senate filibuster. Until very recently, the CRA was believed to apply ... Targeting Federal Agency Regulatory Overreach through the Congressional Review Act (CRA)
The FTC Takes on “Petitioning” of Government as an Anticompetitive Exclusionary Tactic
Background Some of the most pernicious and welfare-inimical anticompetitive activity stems from the efforts of firms to use governmental regulation to raise rivals’ costs or totally exclude them from the market (see, for example, here). The surest cure to such economic harm is, of course, the elimination or reform of anticompetitive government laws and regulations, ... The FTC Takes on “Petitioning” of Government as an Anticompetitive Exclusionary Tactic
Fair use’s fatal conceit
My colleague, Neil Turkewitz, begins his fine post for Fair Use Week (read: crashing Fair Use Week) by noting that Many of the organizations celebrating fair use would have you believe, because it suits their analysis, that copyright protection and the public interest are diametrically opposed. This is merely a rhetorical device, and is a ... Fair use’s fatal conceit
