Showing results for: “digital markets act”
Douglass C. North (1920-2015)
I received word today that Douglass North passed away yesterday at the age of 95 (obit here). Professor North shared the Nobel Prize in Economic with Robert Fogel in 1993 for his work in economic history on the role of institutions in shaping economic development and performance. Doug was one of my first professors in ... Douglass C. North (1920-2015)
The Supreme Court Needs to Intervene and Bring Rationality to Tying Law – and It May Wish to Look at Loyalty Discounts as Well
In Collins Inkjet Corp. v. Eastman Kodak Co. (2015) (subsequently settled, leading to a withdrawal of Kodak’s petition for certiorari), the Sixth Circuit elected to apply the Cascade Health Solutions v. PeaceHealth “bundled discount attribution price-cost” methodology in upholding a preliminary injunction against Kodak’s policy of discounting the price of refurbished Kodak printheads to customers ... The Supreme Court Needs to Intervene and Bring Rationality to Tying Law – and It May Wish to Look at Loyalty Discounts as Well
My Office Door
University professors often post things on their office doors—photos, news clippings, conference posters, political cartoons. I’ve never been much for that. The objective, I assume, is to express something about yourself: who you are, what interests you, what values you hold. I’ve never participated in this custom because I haven’t wanted to alienate students who ... My Office Door
Sharing the Wealth: Gig Economy Moves Toward a Portable Safety Net
Today, thirty-nine different companies and policy experts from a wide swath of the political spectrum signed a letter urging lawmakers to create a “portable benefits” platform that will enable sharing economy companies to continue innovating while simultaneously providing desirable social safety net benefits to workers. This is well timed, as there is a growing consensus ... Sharing the Wealth: Gig Economy Moves Toward a Portable Safety Net
The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
Today, in ClearCorrect Operating, LLC v. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit held that electronic transmissions of digital data from abroad do not involve the importation of “articles” for purposes of Section 337 of the Tariff Act (“Section 337,” 19 U.S.C. § 1337), thereby stripping the U.S. International Trade ... The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
Immoral Trademarks and a Scandalous Disregard for The First Amendment
Last July, the Eastern District of Virginia upheld the cancellation of various trademarks of the Washington Redskins on the grounds that the marks were disparaging to Native Americans. I am neither a fan of football, nor of offensive names for sports teams–what I am is a fan of free speech. Although the Redskins may be well ... Immoral Trademarks and a Scandalous Disregard for The First Amendment
The latest round in the “product-hopping” battle
Thanks to the Truth on the Market bloggers for having me. I’m a long-time fan of the blog, and excited to be contributing. The Third Circuit will soon review the appeal of generic drug manufacturer, Mylan Pharmaceuticals, in the latest case involving “product hopping” in the pharmaceutical industry — Mylan Pharmaceuticals v. Warner Chilcott. Product ... The latest round in the “product-hopping” battle
FRAND Rules to Incentivize Innovation in Collective Standard Setting: What Golf Tournaments Can Teach Us
One baleful aspect of U.S. antitrust enforcers’ current (and misguided) focus on the unilateral exercise of patent rights is an attack on the ability of standard essential patent (SEP) holders to obtain a return that incentivizes them to participate in collective standard setting. (This philosophy is manifested, for example, in a relatively recent U.S. Justice ... FRAND Rules to Incentivize Innovation in Collective Standard Setting: What Golf Tournaments Can Teach Us
Time for Congress to Consider Establishing a “SMARTER” Antitrust Merger Review Framework
On October 7, 2015, the Senate Judiciary Committee held a hearing on the “Standard Merger and Acquisition Reviews Through Equal Rules” (SMARTER) Act of 2015. As former Antitrust Modernization Commission Chair (and former Acting Assistant Attorney General for Antitrust) Deborah Garza explained in her testimony, “t]he premise of the SMARTER Act is simple: A merger ... Time for Congress to Consider Establishing a “SMARTER” Antitrust Merger Review Framework
Time to Apply Office of Management and Budget Regulatory Review to Independent Agencies
Last June, in Michigan v. EPA, the Supreme Court commendably recognized cost-benefit analysis as critical to any reasoned evaluation of regulatory proposals by federal agencies. (For more on the merits and limitations of this holding, see my June 29 blog.) The White House (Office of Management and Budget) office that evaluates proposed federal regulations, the ... Time to Apply Office of Management and Budget Regulatory Review to Independent Agencies
Amateurism and Antitrust: The 9th Circuit Gets It Right
On September 30, in O’Bannon v. NCAA, the U.S. Court of Appeals for the 9th Circuit held that the National Collegiate Athletic Association’s (NCAA) rules that prohibited student athletes from being paid for the use of their names, images, and likenesses are subject to the antitrust laws and constitute an unlawful restraint of trade, under ... Amateurism and Antitrust: The 9th Circuit Gets It Right
The Case Against Antitrust Challenges to Standard Essential Patent “Abuses” Intensifies – Will DOJ and the FTC Finally Get the Message?
Applying antitrust law to combat “hold-up” attempts (involving demands for “anticompetitively excessive” royalties) or injunctive actions brought by standard essential patent (SEP) owners is inherently problematic, as explained by multiple scholars (see here and here, for example). Disputes regarding compensation to SEP holders are better handled in patent infringement and breach of contract lawsuits, and ... The Case Against Antitrust Challenges to Standard Essential Patent “Abuses” Intensifies – Will DOJ and the FTC Finally Get the Message?
