Showing archive for: “Financial Regulation”
Balancing competition and innovation in the drug industry: An evaluation of current proposals.
Last week the Senate Judiciary Committee held a hearing, Intellectual Property and the Price of Prescription Drugs: Balancing Innovation and Competition, that explored whether changes to the pharmaceutical patent process could help lower drug prices. The committee’s goal was to evaluate various legislative proposals that might facilitate the entry of cheaper generic drugs, while also ... Balancing competition and innovation in the drug industry: An evaluation of current proposals.
The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry
Last week, Senator Orrin Hatch, Senator Thom Tillis, and Representative Bill Flores introduced the Hatch-Waxman Integrity Act of 2018 (HWIA) in both the Senate and the House of Representatives. If enacted, the HWIA would help to ensure that the unbalanced inter partes review (IPR) process does not stifle innovation in the drug industry and jeopardize ... The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry
Increased e-cigarette regulation increases barriers to health
The Food and Drug Administration has spoken, and its words have, once again, ruffled many feathers. Coinciding with the deadline for companies to lay out their plans to prevent youth access to e-cigarettes, the agency has announced new regulatory strategies that are sure to not only make it more difficult for young people to access ... Increased e-cigarette regulation increases barriers to health
Telemarketing, Technology, and Why the Telephone Sucks (and how to fix it)
It is a truth universally acknowledged that unwanted telephone calls are among the most reviled annoyances known to man. But this does not mean that laws intended to prohibit these calls are themselves necessarily good. Indeed, in one sense we know intuitively that they are not good. These laws have proven wholly ineffective at curtailing ... Telemarketing, Technology, and Why the Telephone Sucks (and how to fix it)
More Evidence Against the Common Ownership Problem
I posted this originally on my own blog, but decided to cross-post here since Thom and I have been blogging on this topic. “The U.S. stock market is having another solid year. You wouldn’t know it by looking at the shares of companies that manage money.” That’s the lead from Charles Stein on Bloomberg’s Markets’ ... More Evidence Against the Common Ownership Problem
Calm Down about Common Ownership
“Calm Down about Common Ownership” is the title of a piece Thom Lambert and I published in the Fall 2018 issue of Regulation, which just hit online. The article is a condensed version our recent paper, “The Case for Doing Nothing About Institutional Investors’ Common Ownership of Small Stakes in Competing Firms.” In short, we ... Calm Down about Common Ownership
Amazon/Whole Foods: What Me Worry?
Brandeis is back, with today’s neo-Brandeisians reflexively opposing virtually all mergers involving large firms. For them, industry concentration has grown to crisis proportions and breaking up big companies should be the animating goal not just of antitrust policy but of U.S. economic policy generally. The key to understanding the neo-Brandeisian opposition to the Whole Foods/Amazon mergers is that it has nothing to do with consumer welfare, and everything to do with a large firm animus. Sabeel Rahman, a Roosevelt Institute scholar, concedes that big firms give us higher productivity, and hence lower prices, but he dismisses the value of that. He writes, “If consumer prices are our only concern, it is hard to see how Amazon, Comcast, and companies such as Uber need regulation.” And this gets to the key point regarding most of the opposition to the merger: it had nothing to do with concerns about monopolistic effects on economic efficiency or consumer prices. It had everything to do with opposition to big firm for the sole reason that they are big.
Lowering the Barriers to Entry to the Common Ownership Debate: A (Relatively) Non-Technical Explanation of MHHI Delta
One of the hottest topics in antitrust these days is institutional investors’ common ownership of the stock of competing firms. Large investment companies like BlackRock, Vanguard, State Street, and Fidelity offer index and actively managed mutual funds that are invested in thousands of companies. In many concentrated industries, these institutional investors are “intra-industry diversified,” meaning ... Lowering the Barriers to Entry to the Common Ownership Debate: A (Relatively) Non-Technical Explanation of MHHI Delta
A big year for business and economics in the courts, even if we’re not talking about Janus
This has been a big year for business in the courts. A U.S. district court approved the AT&T-Time Warner merger, the Supreme Court upheld Amex’s agreements with merchants, and a circuit court pushed back on the Federal Trade Commission’s vague and heavy handed policing of companies’ consumer data safeguards. These three decisions mark a new ... A big year for business and economics in the courts, even if we’re not talking about Janus
Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.
A recent tweet by Lina Khan, discussing yesterday’s American Express decision, exemplifies an unfortunate trend in contemporary antitrust discourse. Khan wrote: The economists cited by the Second Circuit (whose opinion SCOTUS affirms) for the analysis of ‘two-sided’ [markets] all had financial links to the credit card sector, as we point out in FN 4 [link ... Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.
Problems with Proposed Solutions to the Common Ownership Problem
Even if institutional investors’ common ownership of small stakes in competing firms did cause some softening of market competition—a claim that is both suspect as a theoretical matter and empirically shaky—the policy solutions common ownership critics have proposed would do more harm than good. Einer Elhauge has called for public and private lawsuits against institutional ... Problems with Proposed Solutions to the Common Ownership Problem
Problems with the Evidence of Anticompetitive Harm from Common Ownership
Mike Sykuta and I have been blogging about our new paper responding to scholars who contend that institutional investors’ common ownership of small stakes in competing firms significantly reduces market competition and should be restricted. (FTC Commissioner Noah Phillips cited the paper yesterday in his excellent prepared remarks on common ownership.) Mike first described the ... Problems with the Evidence of Anticompetitive Harm from Common Ownership
