The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Economics”

The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry

The Consumer Financial Protection Bureau (CFPB) is, to say the least, a controversial agency.  As documented by such experts as Scalia Law School Professor Todd Zywicki, the CFPB imposes enormous costs on consumers and financial service providers through costly and unwarranted command-and-control regulation.  Furthermore, as I explained in a February 2016 Heritage Foundation legal memorandum, ... The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry

The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis

Last week the International Center for Law & Economics filed comments on the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics: Babette E. Boliek, Associate Professor of Law, Pepperdine School of Law Adam Candeub, Professor of Law, Michigan State University College of Law Justin (Gus) Hurwitz, Assistant Professor of ... The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis

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

Combatting Anticompetitive Market Distortions: An Update

I have previously written at this site (see here, here, and here) and elsewhere (see here, here, and here) about the problem of anticompetitive market distortions (ACMDs), government-supported (typically crony capitalist) rules that weaken the competitive process, undermine free trade, slow economic growth, and harm consumers.  On May 17, the Heritage Foundation hosted a presentation ... Combatting Anticompetitive Market Distortions: An Update

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

Acknowledging the Limitations of the FTC’s “PAE” Study

[Below is an excellent essay by Devlin Hartline that was first posted at the Center for the Protection of Intellectual Property blog last week, and I’m sharing it here.] ACKNOWLEDGING THE LIMITATIONS OF THE FTC’S “PAE” STUDY By Devlin Hartline The FTC’s long-awaited case study of patent assertion entities (PAEs) is expected to be released this spring. ... Acknowledging the Limitations of the FTC’s “PAE” Study

Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM

On Friday the the International Center for Law & Economics filed comments with the FCC in response to Chairman Wheeler’s NPRM (proposed rules) to “unlock” the MVPD (i.e., cable and satellite subscription video, essentially) set-top box market. Plenty has been written on the proposed rulemaking—for a few quick hits (among many others) see, e.g., Richard ... Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM

A Presidential Nod to Procompetitive Regulatory Reform: Substance, not Mere Symbolism, is Needed

On April 15, President Obama issued Executive Order 13725, “Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy” (“the Order”).  At first blush, the Order appears quite promising.  It commendably (1) praises competitive markets as a cornerstone of the American economy, and (2) sets the promotion ... A Presidential Nod to Procompetitive Regulatory Reform: Substance, not Mere Symbolism, is Needed

O competition, we stand on guard for thee

Today’s Canadian Competition Bureau (CCB) Google decision marks yet another regulator joining the chorus of competition agencies around the world that have already dismissed similar complaints relating to Google’s Search or Android businesses (including the US FTC, the Korea FTC, the Taiwan FTC, and AG offices in Texas and Ohio). A number of courts around ... O competition, we stand on guard for thee

The Essential Facility of Obama’s Competition Policy

It appears that White House’s zeal for progressive-era legal theory has … progressed (or regressed?) further. Late last week President Obama signed an Executive Order that nominally claims to direct executive agencies (and “strongly encourages” independent agencies) to adopt “pro-competitive” policies. It’s called Steps to Increase Competition and Better Inform Consumers and Workers to Support ... The Essential Facility of Obama’s Competition Policy

George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”

I am sharing the press release below: George Mason University receives $30 million in gifts, renames School of Law after Justice Antonin Scalia Largest combined gift in university’s history will support new scholarship programs Arlington, VA— George Mason University today announces pledges totaling $30 million to the George Mason University Foundation to support the School ... George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”

Netflix and net neutrality: Hypocritically screwing over Internet users since 2015!

Netflix’s latest net neutrality hypocrisy (yes, there have been others. See here and here, for example) involves its long-term, undisclosed throttling of its video traffic on AT&T’s and Verizon’s wireless networks, while it lobbied heavily for net neutrality rules from the FCC that would prevent just such throttling by ISPs. It was Netflix that coined ... Netflix and net neutrality: Hypocritically screwing over Internet users since 2015!