Showing archive for: “Common Law”
Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System
On August 6, the Global Antitrust Institute (the GAI, a division of the Antonin Scalia Law School at George Mason University) submitted a filing (GAI filing or filing) in response to the Japan Fair Trade Commission’s (JFTC’s) consultation on reforms to the Japanese system of administrative surcharges assessed for competition law violations (see here for ... Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System
Online Privacy Regulation: A Tale of Two U.S. Agencies (and Some Foreign Bureaucrats)
In recent years much ink has been spilled on the problem of online privacy breaches, involving the unauthorized use of personal information transmitted over the Internet. Internet privacy concerns are warranted. According to a 2016 National Telecommunications and Information Administration survey of Internet-using households, 19 percent of such households (representing nearly 19 million households) reported ... Online Privacy Regulation: A Tale of Two U.S. Agencies (and Some Foreign Bureaucrats)
Fracking, the Separation of Powers, Economic Welfare, and the Role of the Public (Or Mirabile Dictu! An Obama-Appointed Federal Judge Who Believes in the Separation of Powers)
An interesting thing happened on June 21st. Scott Skavdahl, a federal district court judge appointed by President Barack Obama, invalidated the “Fracking Rule” adopted by the Interior Department’s Bureau of Land Management (BLM). Even more interesting, however, was the fact that, in so holding, the judge relied heavily on a rather dusty, moth-eaten eighteenth century ... Fracking, the Separation of Powers, Economic Welfare, and the Role of the Public (Or Mirabile Dictu! An Obama-Appointed Federal Judge Who Believes in the Separation of Powers)
Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges
Introduction In my role as a “non-governmental advisor” (NGA), I was privileged to attend and participate actively in the 15th Annual ICN Conference, held in Singapore from April 26-29. (I have blogged previously on ICN annual conferences and policy initiatives, see here, here, and here.) As a virtual network of national competition law agencies (“national ... Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges
Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration
On January 26 the Heritage Foundation hosted a one-day conference on “Antitrust Policy for a New Administration.” Featured speakers included three former heads of the U.S. Department of Justice’s Antitrust Division (DOJ) (D.C. Circuit Senior Judge Douglas Ginsburg, James Rill, and Thomas Barnett) and a former Chairman of the U.S. Federal Trade Commission (FTC) (keynote ... Heritage Antitrust Conference Highlights Domestic and International Policy Challenges for the Next Administration
Wyndham Decision Highlights FTC Role in Cybersecurity: Legal and Policy Considerations
On August 24, the Third Circuit issued its much anticipated decision in FTC v. Wyndham Worldwide Corp., holding that the U.S. Federal Trade Commission (FTC) has authority to challenge cybersecurity practices under its statutory “unfairness” authority. This case brings into focus both legal questions regarding the scope of the FTC’s cybersecurity authority and policy questions ... Wyndham Decision Highlights FTC Role in Cybersecurity: Legal and Policy Considerations
Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement
Josh Wright will doubtless be remembered for transforming how FTC polices competition. Between finally defining Unfair Methods of Competition (UMC), and his twelve dissents and multiple speeches about competition matters, he re-grounded competition policy in the error-cost framework: weighing not only costs against benefits, but also the likelihood of getting it wrong against the likelihood ... Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement
Why a Common Law Approach to Defining “Unfair Methods of Competition” Won’t Work
Section 5 of the Federal Trade Commission Act proclaims that “[u]nfair methods of competition . . . are hereby declared unlawful.” The FTC has exclusive authority to enforce that provision and uses it to prosecute Sherman Act violations. The Commission also uses the provision to prosecute conduct that doesn’t violate the Sherman Act but is, ... Why a Common Law Approach to Defining “Unfair Methods of Competition” Won’t Work
A Cost-Benefit Prescription for FTC Online Data Security Regulation
The U.S. Federal Trade Commission (FTC) continues to expand its presence in online data regulation. On August 13 the FTC announced a forthcoming workshop to explore appropriate policies toward “big data,” a term used to refer to advancing technologies that are dramatically expanding the commercial collection, analysis, use, and storage of data. This initiative follows ... A Cost-Benefit Prescription for FTC Online Data Security Regulation
Highlights from Josh Wright’s Interview in The Antitrust Source
Anyone interested in antitrust enforcement policy (and what TOTM reader isn’t?) should read FTC Commissioner Josh Wright’s interview in the latest issue of The Antitrust Source. The extensive (22 page!) interview covers a number of topics and demonstrates the positive influence Commissioner Wright is having on antitrust enforcement and competition policy in general. Commissioner Wright’s ... Highlights from Josh Wright’s Interview in The Antitrust Source
Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Josh and Maureen are to be commended for their important contributions to the discussion over the proper scope of the FTC’s Section 5 enforcement authority. I have commented extensively on UMC and Section 5, Josh’s statement, and particularly the problems if UMC enforcement against the use of injunctions to enforce FRAND-encumbered SEPs before (see, for ... Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Law Review Publishing Norms and Inefficient Performance
One of my colleagues recently accepted a publication offer on a law review article, only to receive a later publication offer from a much more prestigious journal. This sort of occurrence is not uncommon in the legal academy, where scholars submitting articles for publication do not offer to publish their work in a journal but rather solicit publication offers from journals (and generally solicit ... Law Review Publishing Norms and Inefficient Performance
