Showing archive for: “Common Law”
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)
Congressional testimony on legislative reform proposals for the FTC
Earlier this week I testified before the U.S. House Subcommittee on Commerce, Manufacturing, and Trade regarding several proposed FTC reform bills. You can find my written testimony here. That testimony was drawn from a 100 page report, authored by Berin Szoka and me, entitled “The Federal Trade Commission: Restoring Congressional Oversight of the Second National Legislature — An ... Congressional testimony on legislative reform proposals for the FTC
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
Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal
Jon Jacobson in his initial posting claims that it would be “hard to find an easier case” than Apple e-Books, and David Balto and Chris Sagers seem to agree. I suppose that would be true if, as Richard Epstein claims, “the general view is that horizontal arrangements are per se unlawful.” That, however, is not ... Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal
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
Immoral Trademarks and a Scandalous Disregard for The First Amendment
Last July, the Eastern District of Virginia upheld the cancellation of various trademarks of the Washington Redskins on the grounds that the marks were disparaging to Native Americans. I am neither a fan of football, nor of offensive names for sports teams–what I am is a fan of free speech. Although the Redskins may be well ... Immoral Trademarks and a Scandalous Disregard for The First Amendment
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
FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the FTC Act. The Statement of Enforcement Principles represents a significant victory for Commissioner Joshua Wright, who has been a tireless advocate for ... FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
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
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
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
