Showing archive for: “FTC”
Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement
The Federal Trade Commission’s (FTC) regrettable January 17 filing of a federal court injunctive action against Qualcomm, in the waning days of the Obama Administration, is a blow to its institutional integrity and well-earned reputation as a top notch competition agency. Stripping away the semantic gloss, the heart of the FTC’s complaint is that Qualcomm ... Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement
FTC Economists’ Paper Discredits Claims of Inappropriately “Weak” Merger Enforcement
During 2016 it became fashionable in certain circles to decry “lax” merger enforcement and to call for a more aggressive merger enforcement policy (see, for example, the American Antitrust Institute’s September 2016 paper on competition policy, critiqued by me in this blog post). Interventionists promoting “tougher” merger enforcement have cited Professor John Kwoka’s 2015 book, ... FTC Economists’ Paper Discredits Claims of Inappropriately “Weak” Merger Enforcement
What Will Trump Antitrust Be Like? Come to Heritage on January 24 and Find Out
During a presidential transition, it is an old Washington parlor game to discuss public policy tweaks and personnel changes, with speculation often focusing on former political appointees who are linked to the new President. But with the election of Donald Trump, who has not previously served in government, many pundits’ crystal balls may be a ... What Will Trump Antitrust Be Like? Come to Heritage on January 24 and Find Out
Competition Policy for a New Administration
As Truth on the Market readers prepare to enjoy their Thanksgiving dinners, let me offer some (hopefully palatable) “food for thought” on a competition policy for the new Trump Administration. In referring to competition policy, I refer not just to lawsuits directed against private anticompetitive conduct, but more broadly to efforts aimed at curbing government ... Competition Policy for a New Administration
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
ICN Advocacy Workshop a Success
On November 1st and 2nd, Cofece, the Mexican Competition Agency, hosted an International Competition Network (ICN) workshop on competition advocacy, featuring presentations from government agency officials, think tanks, and international organizations. The workshop highlighted the excellent work that the ICN has done in supporting efforts to curb the most serious source of harm to the ... ICN Advocacy Workshop a Success
FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes
Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us outside the Commission has actually seen the proposal. But earlier this month Chairman Wheeler released a Fact Sheet that suggests some of the ways it ... FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes
The FTC’s PAE Study Recommendations: Case Not Proven
On October 6, 2016, the U.S. Federal Trade Commission (FTC) issued Patent Assertion Entity Activity: An FTC Study (PAE Study), its much-anticipated report on patent assertion entity (PAE) activity. The PAE Study defined PAEs as follows: Patent assertion entities (PAEs) are businesses that acquire patents from third parties and seek to generate revenue by asserting ... The FTC’s PAE Study Recommendations: Case Not Proven
FCC Disregard of the Rule of Law Requires Legislative Reform
On October 6, the Heritage Foundation released a legal memorandum (authored by me) that recounts the Federal Communications Commission’s (FCC) recent sad history of ignoring the rule of law in its enforcement and regulatory actions. The memorandum calls for a legislative reform agenda to rectify this problem by reining in the agency. Key points culled ... FCC Disregard of the Rule of Law Requires Legislative Reform
The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost
On September 28, the American Antitrust Institute released a report (“AAI Report”) on the state of U.S. antitrust policy, provocatively entitled “A National Competition Policy: Unpacking the Problem of Declining Competition and Setting Priorities for Moving Forward.” Although the AAI Report contains some valuable suggestions, in important ways it reminds one of the drunkard who ... The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost
The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
This week, the International Center for Law & Economics filed comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines. Overall, the guidelines present a commendable framework for the IP-Antitrust intersection, in particular as they broadly recognize the value of IP and licensing ... The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
Public comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines have, not surprisingly, focused primarily on fine points of antitrust analysis carried out by those two federal agencies (see, for example, the thoughtful recommendations by the Global Antitrust Institute, here). In a ... Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
