Showing results for: “digital markets act”
FCC restrictions on joint sales agreements: Yet another FCC rule without basis in evidence or economics
Recently, Commissioner Pai praised the introduction of bipartisan legislation to protect joint sales agreements (“JSAs”) between local television stations. He explained that JSAs are contractual agreements that allow broadcasters to cut down on costs by using the same advertising sales force. The efficiencies created by JSAs have helped broadcasters to offer services that benefit consumers, ... FCC restrictions on joint sales agreements: Yet another FCC rule without basis in evidence or economics
Microsoft’s mobile innovation today undercuts arguments built on yesterday’s Microsoft antitrust case
Last year, Microsoft’s new CEO, Satya Nadella, seemed to break with the company’s longstanding “complain instead of compete” strategy to acknowledge that: We’re going to innovate with a challenger mindset…. We’re not coming at this as some incumbent. Among the first items on his agenda? Treating competing platforms like opportunities for innovation and expansion rather ... Microsoft’s mobile innovation today undercuts arguments built on yesterday’s Microsoft antitrust case
The Dark Side of the FTC’s Latest Privacy Case, In the Matter of Nomi Technologies
Last week, the FTC announced its complaint and consent decree with Nomi Technologies for failing to allow consumers to opt-out of cell phone tracking while shopping in retail stores. Whatever one thinks about Nomi itself, the FTC’s enforcement action represents another step in the dubious application of its enforcement authority against deceptive statements. In response, ... The Dark Side of the FTC’s Latest Privacy Case, In the Matter of Nomi Technologies
The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny
Last week the International Center for Law & Economics, joined by TechFreedom, filed comments with the Federal Aviation Administration (FAA) in its Operation and Certification of Small Unmanned Aircraft Systems (“UAS” — i.e, drones) proceeding to establish rules for the operation of small drones in the National Airspace System. We believe that the FAA has ... The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny
Mandated “fair use” language has no place in trade promotion authority
Earlier this week Senators Orrin Hatch and Ron Wyden and Representative Paul Ryan introduced bipartisan, bicameral legislation, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (otherwise known as Trade Promotion Authority or “fast track” negotiating authority). The bill would enable the Administration to negotiate free trade agreements subject to appropriate Congressional review. Nothing ... Mandated “fair use” language has no place in trade promotion authority
The European Commission, Google, and the Limits of Antitrust
The precise details underlying the European Commission’s (EC) April 15 Statement of Objections (SO), the EC’s equivalent of an antitrust complaint, against Google, centered on the company’s promotion of its comparison shopping service (CSS), “Google Shopping,” have not yet been made public. Nevertheless, the EC’s fact sheet describing the theory of the case is most ... The European Commission, Google, and the Limits of Antitrust
FCC Preemption of State Municipal Broadband Restrictions is Legally Problematic and Bad for Taxpayers and Competition
By a 3-2 vote, the Federal Communications Commission (FCC) decided on February 26 to preempt state laws in North Carolina and Tennessee that bar municipally-owned broadband providers from providing services beyond their geographic boundaries. This decision raises substantial legal issues and threatens economic harm to state taxpayers and consumers. The narrow FCC majority rested its ... FCC Preemption of State Municipal Broadband Restrictions is Legally Problematic and Bad for Taxpayers and Competition
The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
Earlier this week the International Center for Law & Economics, along with a group of prominent professors and scholars of law and economics, filed an amicus brief with the Ninth Circuit seeking rehearing en banc of the court’s FTC, et al. v. St Luke’s case. ICLE, joined by the Medicaid Defense Fund, also filed an ... The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
FCC Internet Regulation Is a Recipe for Crony Capitalism
Much ink has been spilled (and with good reason) about the excessive and totally unnecessary regulatory burdens associated with the Federal Communications Commission’s (FCC) February 26 “Open Internet Order” (OIO), which imposes public utility regulation on Internet traffic. For example, as Heritage Foundation Senior Research Fellow James Gattuso recently explained, “[d]evised for the static monopolies, ... FCC Internet Regulation Is a Recipe for Crony Capitalism
North Carolina Dental and Protectionism: March 31 Heritage Foundation Presentation by FTC Commissioner Ohlhausen and March 30 Heritage Foundation Legal Memorandum
In its February 25 North Carolina Dental v. Federal Trade Commission decision, the U.S. Supreme Court held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. Will this decision discourage harmful protectionist regulation, such ... North Carolina Dental and Protectionism: March 31 Heritage Foundation Presentation by FTC Commissioner Ohlhausen and March 30 Heritage Foundation Legal Memorandum
Debunking the Myth of a Data Barrier to Entry for Online Services
Recent years have seen an increasing interest in incorporating privacy into antitrust analysis. The FTC and regulators in Europe have rejected these calls so far, but certain scholars and activists continue their attempts to breathe life into this novel concept. Elsewhere we have written at length on the scholarship addressing the issue and found the ... Debunking the Myth of a Data Barrier to Entry for Online Services
Undermining Investment in Standard Setting by Weakening Patents: How a Recent Justice Department Business Review Letter Gets Things Wrong
As I explained in a recent Heritage Foundation Legal Memorandum, the Institute of Electrical and Electronics Engineers’ (IEEE) New Patent Policy (NPP) threatens to devalue patents that cover standards; discourage involvement by innovative companies in IEEE standard setting; and undermine support for strong patents, which are critical to economic growth and innovation. The Legal Memorandum ... Undermining Investment in Standard Setting by Weakening Patents: How a Recent Justice Department Business Review Letter Gets Things Wrong
