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

Showing results for:  “digital markets act”

FTC Staff Report Misses the Mark on “Internet of Things” Regulation

Today the Federal Trade Commission (FTC) missed the mark in authorizing release of a staff report calling for legislation and regulation of the “Internet of Things.” The Internet of Things is already affecting the daily lives of millions of Americans through the adoption of health and fitness monitors, home security devices, connected cars and household ... FTC Staff Report Misses the Mark on “Internet of Things” Regulation

In Memoriam: Henry G. Manne (1928-2015)

Henry Manne was a great man, and a great father. He was, for me as for many others, one of the most important intellectual influences in my life. I will miss him dearly. Following is his official obituary. RIP, dad. Henry Girard Manne died on January 17, 2015 at the age of 86. A towering figure ... In Memoriam: Henry G. Manne (1928-2015)

Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record

During the 2008 presidential campaign Barack Obama criticized the Bush Administration for “the weakest record of antitrust enforcement of any administration in the last half century” and promised “to reinvigorate antitrust enforcement.”  In particular, he singled out allegedly lax monopolization and merger enforcement as areas needing improvement, and also vowed “aggressive action to curb the ... Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record

Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law

On December 11 I published a Heritage Foundation Legal Memorandum on this topic. I concluded that the federal courts have done a fairly good job in harmonizing antitrust with constitutionally-based federalism and First Amendment interests (petitioning, free speech, and religious freedom). Nevertheless, it must be admitted that these “constitutional constraints” somewhat limit the ability of ... Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law

The companies that actually manufacture networks and devices oppose Title II, which may be all you need to know

It’s easy to look at the net neutrality debate and assume that everyone is acting in their self-interest and against consumer welfare. Thus, many on the left denounce all opposition to Title II as essentially “Comcast-funded,” aimed at undermining the Open Internet to further nefarious, hidden agendas. No matter how often opponents make the economic ... The companies that actually manufacture networks and devices oppose Title II, which may be all you need to know

Transatlantic Trade Negotiations: Keeping Regulation in Check

Last week, the George Washington University Center for Regulatory Studies convened a Conference (GW Conference) on the Status of Transatlantic Trade and Investment Partnership (TTIP) Negotiations between the European Union (EU) and the United States (U.S.), which were launched in 2013 and will continue for an indefinite period of time. In launching TTIP, the Obama ... Transatlantic Trade Negotiations: Keeping Regulation in Check

Internet Governance, Internet Freedom, and Accountability: Will Congress Step In?

In March 2014, the U.S. Government’s National Telecommunications and Information Administration (NTIA, the Executive Branch’s telecommunications policy agency) abruptly announced that it did not plan to renew its contract with the Internet Corporation for Assigned Names and Numbers (ICANN) to maintain core functions of the Internet. ICANN oversees the Internet domain name system through its ... Internet Governance, Internet Freedom, and Accountability: Will Congress Step In?

Newsflash! Commercial contracts are often confidential (but that doesn’t make them anticompetitive)

Microsoft and its allies (the Microsoft-funded trade organization FairSearch and the prolific Google critic Ben Edelman) have been highly critical of Google’s use of “secret” contracts to license its proprietary suite of mobile apps, Google Mobile Services, to device manufacturers. I’ve written about this at length before. As I said previously, In order to argue ... Newsflash! Commercial contracts are often confidential (but that doesn’t make them anticompetitive)

Spicy Documents Serve up a Paltry Antitrust Meal

There is always a temptation for antitrust agencies and plaintiffs to center a case around so-called “hot” documents — typically company documents with a snippet or sound-bites extracted, some times out of context. Some practitioners argue that “[h]ot document can be crucial to the outcome of any antitrust matter.” Although “hot” documents can help catch ... Spicy Documents Serve up a Paltry Antitrust Meal

Time for the FTC to Reform its Advertising Substantiation Program

In my just published Heritage Foundation Legal Memorandum, I argue that the U.S. Federal Trade Commission (FTC) should substantially scale back its overly aggressive “advertising substantiation” program, which disincentivizes firms from providing the public with valuable information about the products they sell.  As I explain: “The . . . [FTC] has a long history of ... Time for the FTC to Reform its Advertising Substantiation Program

Abuse of Dominance by Patentees: A Pro-Innovation Perspective

In my just-published article in The Antitrust Source, I argue that the law and economics literature on patents and error cost analysis demonstrate that the recent focus by U.S. (and foreign) antitrust enforcers on single-firm patent abuses is misplaced, and may reduce incentives to innovate.  I recommend that antitrust enforcers focus instead on restrictions among ... Abuse of Dominance by Patentees: A Pro-Innovation Perspective

Enterprise Cities, Competition, and Economic Growth

Shanker Singham of the Babson Global Institute (formerly a leading international trade lawyer and author of the most comprehensive one-volume work on the interplay between competition and international trade policy) has published a short article introducing the concept of “enterprise cities.”  This article, which outlines an incentives-based, market-oriented approach to spurring economic development, is well ... Enterprise Cities, Competition, and Economic Growth