The Archives

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

Showing archive for:  “EU”

The FTC, not the FCC, Should Regulate Internet Privacy

In an October 25 blog commentary posted at this site, Geoffrey Manne and Kristian Stout argued against a proposed Federal Communications Commission (FCC) ban on the use of mandatory arbitration clauses in internet service providers’ consumer service agreements.  This proposed ban is just one among many unfortunate features in the latest misguided effort by the ... The FTC, not the FCC, Should Regulate Internet Privacy

The Latest Front in the Patent Wars: Attacking Innovation in Universities

It’s not quite so simple to spur innovation. Just ask the EU as it resorts to levying punitive retroactive taxes on productive American companies in order to ostensibly level the playing field (among other things) for struggling European startups. Thus it’s truly confusing when groups go on a wholesale offensive against patent rights — one ... The Latest Front in the Patent Wars: Attacking Innovation in Universities

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)

Everything is amazing — and no one at the European Commission is happy

Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. Regulatory authorities in the United States, France, the United Kingdom, Canada, Brazil, and South Korea have all opened and rejected similar antitrust claims. ... Everything is amazing — and no one at the European Commission is happy

Brexit, Competition, and Economic Welfare

A key issue raised by the United Kingdom’s (UK) withdrawal from the European Union (EU) – popularly referred to as Brexit – is its implications for competition and economic welfare.  The competition issue is rather complex.  Various potentially significant UK competition policy reforms flowing from Brexit that immediately suggest themselves are briefly summarized below.  (These ... Brexit, Competition, and Economic Welfare

The Mounting Costs of Antidumping Laws: Time for Action?

In a 2015 Heritage Foundation Backgrounder, I argued for a reform of the United States antidumping (AD) law, which allows for the imposition of additional tariffs on “unfairly” low-priced imports.  Although the original justification for American AD law was to prevent anticompetitive predation by foreign producers, I explained that the law as currently designed and ... The Mounting Costs of Antidumping Laws: Time for Action?

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

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

Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents

Over the past year, the Global Antitrust Institute (GAI) at George Mason University School of Law has released some of the most thoughtful critiques of foreign governments’ proposed new guidance documents on competition law.  The GAI’s March 31 comments (see here) in response to the India Department of Industrial Policy and Promotion’s Discussion Paper on ... Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents

The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden

The FCC doesn’t have authority over the edge and doesn’t want authority over the edge. Well, that is until it finds itself with no choice but to regulate the edge as a result of its own policies. As the FCC begins to explore its new authority to regulate privacy under the Open Internet Order (“OIO”), ... The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden

The Ball-Rexam merger: The case for a competitive can market

A number of blockbuster mergers have received (often negative) attention from media and competition authorities in recent months. From the recently challenged Staples-Office Depot merger to the abandoned Comcast-Time Warner merger to the heavily scrutinized Aetna-Humana merger (among many others), there has been a wave of potential mega-mergers throughout the economy—many of them met with ... The Ball-Rexam merger: The case for a competitive can market

Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct

This blurb published yesterday by Competition Policy International nicely illustrates the problem with the growing focus on unilateral conduct investigations by the European Commission (EC) and other leading competition agencies: “EU: Qualcomm to face antitrust complaint on predatory pricing Dec 03, 2015 The European Union is preparing an antitrust complaint against Qualcomm Inc. over suspected ... Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct