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Showing results for:  “digital markets act”

FTC Staff Report on Google: Much Ado About Nothing

The Wall Street Journal reported yesterday that the FTC Bureau of Competition staff report to the commissioners in the Google antitrust investigation recommended that the Commission approve an antitrust suit against the company. While this is excellent fodder for a few hours of Twitter hysteria, it takes more than 140 characters to delve into the ... FTC Staff Report on Google: Much Ado About Nothing

Innovation Death Panels and Other Economic Shortcomings of the White House Proposed Privacy Bill

In short, all of this hand-wringing over privacy is largely a tempest in a teapot — especially when one considers the extent to which the White House and other government bodies have studiously ignored the real threat: government misuse of data à la the NSA. It’s almost as if the White House is deliberately shifting the public's gaze from the reality of extensive government spying by directing it toward a fantasy world of nefarious corporations abusing private information…. The White House’s proposed bill is emblematic of many government “fixes” to largely non-existent privacy issues, and it exhibits the same core defects that undermine both its claims and its proposed solutions. As a result, the proposed bill vastly overemphasizes regulation to the dangerous detriment of the innovative benefits of Big Data for consumers and society at large.

March 31 Heritage Foundation Speech by FTC Commissioner Ohlhausen on U.S. Supreme Court’s North Carolina Dental Decision

In a recent post, I explained how the U.S. Supreme Court’s February 25 opinion in North Carolina Dental Board v. FTC (holding that a state regulatory board controlled by market participants must be “actively supervised” by the state to receive antitrust immunity) struck a significant blow against protectionist rent-seeking and for economic liberty.  Maureen Ohlhausen, ... March 31 Heritage Foundation Speech by FTC Commissioner Ohlhausen on U.S. Supreme Court’s North Carolina Dental Decision

FTC

ICLE White Paper: Broad fair use exceptions could discourage innovation worldwide

Today, the International Center for Law & Economics released a white paper, co-authored by Executive Director Geoffrey Manne and Senior Fellow Julian Morris, entitled Dangerous Exception: The detrimental effects of including “fair use” copyright exceptions in free trade agreements. Dangerous Exception explores the relationship between copyright, creativity and economic development in a networked global marketplace. ... ICLE White Paper: Broad fair use exceptions could discourage innovation worldwide

Commissioner Wright Rightly Calls the Question on Section 5 Guidance

Anybody who has spent much time with children knows how squishy a concept “unfairness” can be.  One can hear the exchange, “He’s not being fair!” “No, she’s not!,” only so many times before coming to understand that unfairness is largely in the eye of the beholder. Perhaps it’s unfortunate, then, that Congress chose a century ... Commissioner Wright Rightly Calls the Question on Section 5 Guidance

California Dreamin’: California Public Utility Commission must resist extreme regulatory overreach in the recently proposed conditions in Comcast-TWC merger

On February 13 an administrative law judge (ALJ) at the California Public Utility Commission (CPUC) issued a proposed decision regarding the Comcast/Time Warner Cable (TWC) merger. The proposed decision recommends that the CPUC approve the merger with conditions. It’s laudable that the ALJ acknowledges at least some of the competitive merits of the proposed deal. ... California Dreamin’: California Public Utility Commission must resist extreme regulatory overreach in the recently proposed conditions in Comcast-TWC merger

The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty

In its February 25 North Carolina Dental decision, the U.S. Supreme Court, per Justice Anthony Kennedy, 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.  In so ruling, the Court struck a significant ... The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty

Dan Crane: Fact Checking Kessler’s “Fact Checking” on Direct Distribution

The following post was authored by Dan Crane, the Frederick Paul Furth, Sr. Professor of Law at the University of Michigan Law School and an occasional TOTM contributor. Last week, I released a public interest group open letter in support of Tesla’s right to distribute its cars directly.   The letter attracted quite a bit of ... Dan Crane: Fact Checking Kessler’s “Fact Checking” on Direct Distribution

IEEE Patent Policy Change Would Undermine Property Rights and Innovation

American standard setting organizations (SSOs), which are private sector-based associations through which businesses come together to set voluntary industrial standards, confer great benefits on the modern economy.  They enable virtually all products we rely upon in modern society (including mechanical, electrical, information, telecommunications, and other systems) to interoperate, thereby spurring innovation, efficiency, and consumer choice. ... IEEE Patent Policy Change Would Undermine Property Rights and Innovation

D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech

In a previous Truth on the Market blog posting, I noted that the FTC recently revised its “advertising substantiation” policy in a highly problematic manner.  In particular, in a number of recent enforcement actions, an FTC majority has taken the position that it will deem advertising claims “deceptive” unless they are supported by two randomized ... D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech

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)