The Archives

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

Showing results for:  “digital markets act”

Acknowledging the Limitations of the FTC’s “PAE” Study

[Below is an excellent essay by Devlin Hartline that was first posted at the Center for the Protection of Intellectual Property blog last week, and I’m sharing it here.] ACKNOWLEDGING THE LIMITATIONS OF THE FTC’S “PAE” STUDY By Devlin Hartline The FTC’s long-awaited case study of patent assertion entities (PAEs) is expected to be released this spring. ... Acknowledging the Limitations of the FTC’s “PAE” Study

Time to Confront Bias Against Patent Owners in Patent “Reform” Legislation like the VENUE Act

Last March, I published an op ed in the the Washington Times on the proposed VENUE Act, a recently introduced bill taken wholesale from a portion of HR 9 (the tendentiously titled “Innovation Act”).  HR 9 has rightly stalled given its widespread and radical changes to the patent system that weaken and dilute all property rights ... Time to Confront Bias Against Patent Owners in Patent “Reform” Legislation like the VENUE Act

More proposed market interventions to control drug costs

Last week, the Campaign for Sustainable Rx Pricing (CSRxP)—whose membership includes health insurance companies and other health payors, health providers, and consumers—proposed various reforms aimed at addressing the high costs of prescription drugs. CSRxP declares that their proposals will improve the functioning of the pharmaceutical market by increasing pricing transparency, promoting competition, and enhancing value. Although ... More proposed market interventions to control drug costs

FTC v Amazon: With every victory in court the FTC loses a little more

Yesterday a federal district court in Washington state granted the FTC’s motion for summary judgment against Amazon in FTC v. Amazon — the case alleging unfair trade practices in Amazon’s design of the in-app purchases interface for apps available in its mobile app store. The headlines score the decision as a loss for Amazon, and the FTC, of course, ... FTC v Amazon: With every victory in court the FTC loses a little more

Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM

On Friday the the International Center for Law & Economics filed comments with the FCC in response to Chairman Wheeler’s NPRM (proposed rules) to “unlock” the MVPD (i.e., cable and satellite subscription video, essentially) set-top box market. Plenty has been written on the proposed rulemaking—for a few quick hits (among many others) see, e.g., Richard ... Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM

A Presidential Nod to Procompetitive Regulatory Reform: Substance, not Mere Symbolism, is Needed

On April 15, President Obama issued Executive Order 13725, “Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy” (“the Order”).  At first blush, the Order appears quite promising.  It commendably (1) praises competitive markets as a cornerstone of the American economy, and (2) sets the promotion ... A Presidential Nod to Procompetitive Regulatory Reform: Substance, not Mere Symbolism, is Needed

O competition, we stand on guard for thee

Today’s Canadian Competition Bureau (CCB) Google decision marks yet another regulator joining the chorus of competition agencies around the world that have already dismissed similar complaints relating to Google’s Search or Android businesses (including the US FTC, the Korea FTC, the Taiwan FTC, and AG offices in Texas and Ohio). A number of courts around ... O competition, we stand on guard for thee

The Essential Facility of Obama’s Competition Policy

It appears that White House’s zeal for progressive-era legal theory has … progressed (or regressed?) further. Late last week President Obama signed an Executive Order that nominally claims to direct executive agencies (and “strongly encourages” independent agencies) to adopt “pro-competitive” policies. It’s called Steps to Increase Competition and Better Inform Consumers and Workers to Support ... The Essential Facility of Obama’s Competition Policy

Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism

For several decades, U.S. federal antitrust enforcers, on a bipartisan basis, have publicly supported the proposition that antitrust law seeks to advance consumer welfare by promoting economic efficiency and vigorous competition on the merits.  This reflects an economic interpretation of the antitrust laws adopted by the Supreme Court beginning in the late 1970s, inspired by ... Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism

Rationally Defeating Cronyism in the Boston TNC Suit

On March 31, a federal judge gave the city of Boston six months to rectify the disparities between the way it treats Transportation Network Companies (“TNC”) (such as Uber and Lyft) and taxicab companies. This comes pursuant to an order by US District Court Judge Nathaniel M. Gorton in a suit filed by members of ... Rationally Defeating Cronyism in the Boston TNC Suit

Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents

Over the past year, the Global Antitrust Institute (GAI) at George Mason University School of Law has released some of the most thoughtful critiques of foreign governments’ proposed new guidance documents on competition law.  The GAI’s March 31 comments (see here) in response to the India Department of Industrial Policy and Promotion’s Discussion Paper on ... Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents

George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”

I am sharing the press release below: George Mason University receives $30 million in gifts, renames School of Law after Justice Antonin Scalia Largest combined gift in university’s history will support new scholarship programs Arlington, VA— George Mason University today announces pledges totaling $30 million to the George Mason University Foundation to support the School ... George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”