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Showing results for:  “digital markets act”

Legatum Institute Publishes an Eye-Opening Case Study on the Benefits of Eliminating Anticompetitive Market Distortions (ACMDs) in India

In a recent Truth on the Market blog posting, I summarized the discussion at a May 17 Heritage Foundation program on the problem of anticompetitive market distortions (ACMDs), featuring Shanker Singham of the Legatum Institute (a market-oriented London think tank) and me.  The program highlighted the topic of anticompetitive government-imposed laws and regulations (which Singham ... Legatum Institute Publishes an Eye-Opening Case Study on the Benefits of Eliminating Anticompetitive Market Distortions (ACMDs) in India

The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry

The Consumer Financial Protection Bureau (CFPB) is, to say the least, a controversial agency.  As documented by such experts as Scalia Law School Professor Todd Zywicki, the CFPB imposes enormous costs on consumers and financial service providers through costly and unwarranted command-and-control regulation.  Furthermore, as I explained in a February 2016 Heritage Foundation legal memorandum, ... The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry

Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute

Public policies that rely on free-market forces and avoid government interventions that distort terms of international trade benefit producers, consumers, and national economies alike.  The  full benefits of international trade will not be realized, however, if sales and purchase decisions are distorted by anticompetitive behavior or other illegitimate commercial conduct (such as theft, fraud, or ... Combatting Foreign Theft of U.S. IP Theft by Strengthening Section 337 of the Tariff Act – and Making it an “IP Only” Statute

The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis

Last week the International Center for Law & Economics filed comments on the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics: Babette E. Boliek, Associate Professor of Law, Pepperdine School of Law Adam Candeub, Professor of Law, Michigan State University College of Law Justin (Gus) Hurwitz, Assistant Professor of ... The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis

Congressional testimony on legislative reform proposals for the FTC

Earlier this week I testified before the U.S. House Subcommittee on Commerce, Manufacturing, and Trade regarding several proposed FTC reform bills. You can find my written testimony here. That testimony was drawn from a 100 page report, authored by Berin Szoka and me, entitled “The Federal Trade Commission: Restoring Congressional Oversight of the Second National Legislature — An ... Congressional testimony on legislative reform proposals for the FTC

The Third Circuit pushes back on FCC’s unjustified rule on joint sales agreements

While we all wait on pins and needles for the DC Circuit to issue its long-expected ruling on the FCC’s Open Internet Order, another federal appeals court has pushed back on Tom Wheeler’s FCC for its unremitting “just trust us” approach to federal rulemaking. The case, round three of Prometheus, et al. v. FCC, involves ... The Third Circuit pushes back on FCC’s unjustified rule on joint sales agreements

The Mounting Costs of Antidumping Laws: Time for Action?

In a 2015 Heritage Foundation Backgrounder, I argued for a reform of the United States antidumping (AD) law, which allows for the imposition of additional tariffs on “unfairly” low-priced imports.  Although the original justification for American AD law was to prevent anticompetitive predation by foreign producers, I explained that the law as currently designed and ... The Mounting Costs of Antidumping Laws: Time for Action?

Combatting Anticompetitive Market Distortions: An Update

I have previously written at this site (see here, here, and here) and elsewhere (see here, here, and here) about the problem of anticompetitive market distortions (ACMDs), government-supported (typically crony capitalist) rules that weaken the competitive process, undermine free trade, slow economic growth, and harm consumers.  On May 17, the Heritage Foundation hosted a presentation ... Combatting Anticompetitive Market Distortions: An Update

Level Heads Continue to Prevail: MPAA to be a “Trusted Notifier” With Radix

As we noted in our issue brief on the impending ICANN transition, given the vast scope of the problem, voluntary relationships between registries, registrars and private industry will be a critical aspect of controlling online piracy. Last week the MPAA and registry operator Radix announced a new “trusted notifier” program under which the MPAA will ... Level Heads Continue to Prevail: MPAA to be a “Trusted Notifier” With Radix

Trade Secret Protection Gets a Federal Shot in the Arm

Trade secrets are frequently one of the most powerful forms of intellectual property that a company has in its competitive arsenal. Particularly given the ongoing interest in whittling away at the property rights of patent holders (e.g. the enhanced IPR process, and even the more tame VENUE Act), trade secrets are a critical means for ... Trade Secret Protection Gets a Federal Shot in the Arm

Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges

Introduction In my role as a “non-governmental advisor” (NGA), I was privileged to attend and participate actively in the 15th Annual ICN Conference, held in Singapore from April 26-29.  (I have blogged previously on ICN annual conferences and policy initiatives, see here, here, and here.)  As a virtual network of national competition law agencies (“national ... Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges

Pushing Ad Networks Out of Business: Yershov v. Gannett and the War Against Online Platforms

The lifecycle of a law is a curious one; born to fanfare, a great solution to a great problem, but ultimately doomed to age badly as lawyers seek to shoehorn wholly inappropriate technologies and circumstances into its ambit. The latest chapter in the book of badly aging laws comes to us courtesy of yet another ... Pushing Ad Networks Out of Business: Yershov v. Gannett and the War Against Online Platforms