Showing results for: “digital markets act”
A Set-top Box Set-Back and an Opportunity for Good Government
There must have been a great gnashing of teeth in Chairman Wheeler’s office this morning as the FCC announced that it was pulling the Chairman’s latest modifications to the set-top box proposal from its voting agenda. This is surely but a bump in the road for the Chairman; he will undoubtedly press ever onward in ... A Set-top Box Set-Back and an Opportunity for Good Government
The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
This week, the International Center for Law & Economics filed comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines. Overall, the guidelines present a commendable framework for the IP-Antitrust intersection, in particular as they broadly recognize the value of IP and licensing ... The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
Public comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines have, not surprisingly, focused primarily on fine points of antitrust analysis carried out by those two federal agencies (see, for example, the thoughtful recommendations by the Global Antitrust Institute, here). In a ... Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)
In a September 20 speech at the high profile Georgetown Global Antitrust Enforcement Symposium, Acting Assistant Attorney General Renata Hesse sent the wrong signals to the business community and to foreign enforcers (see here) regarding U.S. antitrust policy. Admittedly, a substantial part of her speech was a summary of existing U.S. antitrust doctrine. In certain ... Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)
MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care
The FCC’s blind, headlong drive to “unlock” the set-top box market is disconnected from both legal and market realities. Legally speaking, and as we’ve noted on this blog many times over the past few months (see here, here and here), the set-top box proposal is nothing short of an assault on contracts, property rights, and ... MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care
Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
The Global Antitrust Institute (GAI) at George Mason University’s Antonin Scalia Law School released today a set of comments on the joint U.S. Department of Justice (DOJ) – Federal Trade Commission (FTC) August 12 Proposed Update to their 1995 Antitrust Guidelines for the Licensing of Intellectual Property (Proposed Update). As has been the case with ... Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
Time to Repeal the FTC’s Common Carrier Jurisdictional Exemption (Among Other Things)?
Section 5(a)(2) of the Federal Trade Commission (FTC) Act authorizes the FTC to “prevent persons, partnerships, or corporations, except . . . common carriers subject to the Acts to regulate commerce . . . from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.” ... Time to Repeal the FTC’s Common Carrier Jurisdictional Exemption (Among Other Things)?
A critical assessment of the latest charge of Google’s anticompetitive bias from Yelp and Tim Wu
Today ICLE released a white paper entitled, A critical assessment of the latest charge of Google’s anticompetitive bias from Yelp and Tim Wu. The paper is a comprehensive response to a study by Michael Luca, Timothy Wu, Sebastian Couvidat, Daniel Frank, & William Seltzer, entitled, Is Google degrading search? Consumer harm from Universal Search. The Wu, et al. ... A critical assessment of the latest charge of Google’s anticompetitive bias from Yelp and Tim Wu
A Flag On the Play: Gigi Sohn Commits a Copyright Foul
As Commissioner Wheeler moves forward with his revised set-top box proposal, and on the eve of tomorrow’s senate FCC oversight hearing, we would do well to reflect on some insightful testimony regarding another of the Commission’s rulemakings from ten years ago: We are living in a digital gold age and consumers… are the beneficiaries. Consumers ... A Flag On the Play: Gigi Sohn Commits a Copyright Foul
A “social contract” for the drug industry
Mylan Pharmaceuticals recently reinvigorated the public outcry over pharmaceutical price increases when news surfaced that the company had raised the price of EpiPens by more than 500% over the past decade and, purportedly, had plans to increase the price even more. The Mylan controversy comes on the heels of several notorious pricing scandals last year. Recall ... A “social contract” for the drug industry
Chairman Wheeler’s new set-top box proposal: from unmitigated disaster to plain old disaster
Imagine if you will… that a federal regulatory agency were to decide that the iPhone ecosystem was too constraining and too expensive; that consumers — who had otherwise voted for iPhones with their dollars — were being harmed by the fact that the platform was not “open” enough. Such an agency might resolve (on the ... Chairman Wheeler’s new set-top box proposal: from unmitigated disaster to plain old disaster
Justice Department Ignores the Benefits of Contracting Freedom in its Crabbed Reading of Music Distribution Decrees
The Antitrust Division of the U.S. Department of Justice (DOJ) ignored sound law and economics principles in its August 4 decision announcing a new interpretation of seventy-five year-old music licensing consent decrees it had entered into separately with the two major American “performing rights organizations” (PROs) — the American Society of Composers, Authors, and Publishers ... Justice Department Ignores the Benefits of Contracting Freedom in its Crabbed Reading of Music Distribution Decrees
