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Showing results for:  “digital markets act”

Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill

Late this summer, TOTM hosted a blog symposium on potential guidelines for the Federal Trade Commission’s exercise of its “unfair methods of competition” authority under Section 5 of the FTC Act.  Commissioner Josh Wright inspired the symposium by proposing a set of enforcement guidelines for the Commission.  Shortly thereafter, Commissioner Maureen Ohlhausen proposed her own guidelines, which were largely consistent with ... Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill

What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?

In yesterday’s hearings on the disastrous launch of the federal health insurance exchanges, contractors insisted that part of the problem was a last-minute specification from the government:  the feds didn’t want people to be able to “window shop” for health insurance until they had created a profile and entered all sorts of personal information. That’s ... What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?

Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries

Over at the Center for the Protection of Intellectual Property (CPIP), Mark Schultz has an important blog posting on the Mercatus Center‘s recent launch of its new copyright piracy website, piracydata.org.  The launch of this website has caused a bit of a tempest in a teapot with a positive report on it in the Washington Post ... Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries

Manufacturing (Broadband) Dissent

I have a new post up at TechPolicyDaily.com, excerpted below, in which I discuss the growing body of (surprising uncontroversial) work showing that broadband in the US compares favorably to that in the rest of the world. My conclusion, which is frankly more cynical than I like, is that concern about the US “falling behind” ... Manufacturing (Broadband) Dissent

My New Paper on Defining Exclusionary Conduct

In our recent blog symposium on Section 5 of the FTC Act, Latham & Watkins partner Tad Lipsky exposed one of antitrust’s dark little secrets: Nobody really knows what Sherman Act Section 2 forbids.  The provision bans monopolization, attempted monopolization, and conspiracies to monopolize, and courts have articulated formal elements for each claim.  But the ... My New Paper on Defining Exclusionary Conduct

Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance

Like most libertarians I’m concerned about government abuse of power. Certainly the secrecy and seeming reach of the NSA’s information gathering programs is worrying. But we can’t and shouldn’t pretend like there are no countervailing concerns (as Gordon Crovitz points out). And we certainly shouldn’t allow the fervent ire of the most radical voices — ... Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance

Some historical observations about Network Neutrality

I have a new post up at TechPolicyDaily that takes a historical perspective on Network Neutrality. The abstract is below. I had to cut a bunch out of the piece — I hope to add a bunch of the cut parts back in and post an extended version here later this week. But for now: Network ... Some historical observations about Network Neutrality

Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent

Commissioner Wright makes a powerful and important case in dissenting from the FTC’s 2-1 (Commissioner Ohlhausen was recused from the matter) decision imposing conditions on Nielsen’s acquisition of Arbitron. Essential to Josh’s dissent is the absence of any actual existing market supporting the Commission’s challenge: Nielsen and Arbitron do not currently compete in the sale ... Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent

Will the Real Broadband Heroes Please Stand Up?

Susan Crawford recently received the OneCommunity Broadband Hero Award for being a “tireless advocate for 21st century high capacity network access.” In her recent debate with Geoffrey Manne and Berin Szoka, she emphasized that there is little competition in broadband or between cable broadband and wireless, asserting that the main players have effectively divided the markets. As ... Will the Real Broadband Heroes Please Stand Up?

On Debating Imaginary Felds

Harold Feld, in response to a recent Washington Post interview with AEI’s Jeff Eisenach about AEI’s new Center for Internet, Communications, and Technology Policy, accused “neo-conservative economists (or, as [Feld] might generalize, the ‘Right’)” of having “stopped listening to people who disagree with them. As a result, they keep saying the same thing over and over again.” (Full disclosure: ... On Debating Imaginary Felds

How the FCC Will Lose on Net Neutrality

Today’s oral argument in the D.C Circuit over the FCC’s Net Neutrality rules suggests that the case — Verizon v. FCC — is likely to turn on whether the Order impermissibly imposes common carrier regulation on broadband ISPs. If so, the FCC will lose, no matter what the court thinks of the Commission’s sharply contested ... How the FCC Will Lose on Net Neutrality

A guide to today’s net neutrality oral arguments

We’ll be delving into today’s oral arguments at our live-streamed TechFreedom/ICLE event at 12:30 EDT — and tweeting on the #NetNeutrality hashtag. But here are a few thoughts to help guide the frantic tea-leaf reading everyone will doubtless be engaged in after (and probably even during) the arguments: While most commentators have focused on ancillary ... A guide to today’s net neutrality oral arguments