Showing results for: “digital markets act”
Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements
The National Collegiate Athletic Association’s (NCAA’s) longstanding cartel-like arrangements once again are facing serious legal scrutiny. On June 9 a federal antitrust trial opened in Oakland featuring college athletes’ attempt to enjoin the NCAA from exploiting the athletes’ names, images, and likenesses (“rights of publicity”) for profit. Rights of publicity are a well-recognized form of ... Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements
David Brat
I do not know David Brat and had never heard of him before he won the primary. I have looked at his Vita. However, I am bothered by seeing him called a free market economist and a Randian. Apparently one of the major issues distinguishing him from Mr. Cantor is Mr. Brat’s opposition to immigrants ... David Brat
Meese and Oman Spank the Corporate Law Prof Amici in Hobby Lobby
The Religious Freedom Restoration Act (RFRA) subjects government-imposed burdens on religious exercise to strict scrutiny. In particular, the Act provides that “[g]overnment shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability” unless the government can establish that doing so is the least restrictive means of furthering ... Meese and Oman Spank the Corporate Law Prof Amici in Hobby Lobby
FTC closes Men’s Warehouse/Jos A Bank merger investigation
Credit where it’s due — the FTC has closed its investigation of the Men’s Warehouse/Jos. A. Bank merger. I previously wrote about the investigation here, where I said: I would indeed be shocked if a legitimate economic analysis suggested that Jos. A. Banks and Men’s Warehouse occupied all or most of any relevant market. For the most ... FTC closes Men’s Warehouse/Jos A Bank merger investigation
Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference
The American Bar Association’s (ABA) “Antitrust in Asia: China” Conference, held in Beijing May 21-23 (with Chinese Government and academic support), cast a spotlight on the growing economic importance of China’s six-year old Anti-Monopoly Law (AML). The Conference brought together 250 antitrust practitioners and government officials to discuss AML enforcement policy. These included the leaders ... Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference
The Ninth Circuit Rescues the Government Raisin Cartel
On May 9, 2014, in Horne v. Department of Agriculture, the Ninth Circuit struck a blow against economic liberty by denying two California raisin growers’ efforts to recover penalties imposed against them by the U.S. Department of Agriculture (USDA). The growers’ heinous offense was their refusal to continue participating in a highly anticompetitive cartel. In ... The Ninth Circuit Rescues the Government Raisin Cartel
That startup investors’ letter on net neutrality is a revealing look at what the debate is really about
Last week a group of startup investors wrote a letter to protest what they assume FCC Chairman Tom Wheeler’s proposed, revised Open Internet NPRM will say. Bear in mind that an NPRM is a proposal, not a final rule, and its issuance starts a public comment period. Bear in mind, as well, that the proposal ... That startup investors’ letter on net neutrality is a revealing look at what the debate is really about
Auto Dealers Dealing Tesla MO Roadblocks
Our TOTM colleague Dan Crane has written a few posts here over the past year or so about attempts by the automobile dealers lobby (and General Motors itself) to restrict the ability of Tesla Motors to sell its vehicles directly to consumers (see here, here and here). Following New Jersey’s adoption of an anti-Tesla direct ... Auto Dealers Dealing Tesla MO Roadblocks
Predatory pricing reform rides the Marrakech Express
As I noted in my prior post, two weeks ago the 13th Annual Conference of the International Competition Network (ICN) released two new sets of recommended best practices. Having focused on competition assessment in my prior blog entry, I now turn to the ICN’s predatory pricing recommendations. Aggressive price cutting is the essence of competitive ... Predatory pricing reform rides the Marrakech Express
Lessons from Marrakech for US regulatory reform: All aboard the train
I thank Truth on the Market (and especially Geoff Manne) for adding me as a regular TOTM blogger, writing on antitrust, IP, and regulatory policy. I am a newly minted Senior Legal Fellow at the Heritage Foundation, and alumnus of BlackBerry and the Federal Trade Commission. Representatives of over 100 competition agencies from around the ... Lessons from Marrakech for US regulatory reform: All aboard the train
TOTM welcomes new blogger Alden Abbott
We’re delighted to announce the newest addition to our blogging roster, Alden Abbott. Alden recently joined the Heritage Foundation as Senior Fellow and Deputy Director of the Center for Legal and Judicial Studies. For two years ending in April 2014, he was Director, Global Patent Law and Competition Strategy at Blackberry. Alden has been at ... TOTM welcomes new blogger Alden Abbott
A Supreme Court ruling against Aereo won’t spell the end of cloud computing
Interested observers on all sides of the contentious debate over Aereo have focused a great deal on the implications for cloud computing if the Supreme Court rules against Aereo. The Court hears oral argument next week, and the cloud computing issue is sure to make an appearance. Several parties that filed amicus briefs in the ... A Supreme Court ruling against Aereo won’t spell the end of cloud computing
