The Archives

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

Showing archive for:  “Health Care”

Build Broadband Better: Focus on Competition, Not Competitors

President Joe Biden named his post-COVID-19 agenda “Build Back Better,” but his proposals to prioritize support for government-run broadband service “with less pressure to turn profits” and to “reduce Internet prices for all Americans” will slow broadband deployment and leave taxpayers with an enormous bill. Policymakers should pay particular heed to this danger, amid news ... Build Broadband Better: Focus on Competition, Not Competitors

Dynamic Merger Efficiencies: The Case of Pharmaceutical Markets

The recent launch of the international Multilateral Pharmaceutical Merger Task Force (MPMTF) is just the latest example of burgeoning cooperative efforts by leading competition agencies to promote convergence in antitrust enforcement. (See my recent paper on the globalization of antitrust, which assesses multinational cooperation and convergence initiatives in greater detail.) In what is a first, ... Dynamic Merger Efficiencies: The Case of Pharmaceutical Markets

Bad Blood at the FTC

John Carreyrou’s marvelous book Bad Blood chronicles the rise and fall of Theranos, the one-time Silicon Valley darling that was revealed to be a house of cards.[1] Theranos’s Svengali-like founder, Elizabeth Holmes, convinced scores of savvy business people (mainly older men) that her company was developing a machine that could detect all manner of maladies from ... Bad Blood at the FTC

Committee Prepares to Grill Tech CEOS, but It Is the First Amendment That Could Get Torched

In what has become regularly scheduled programming on Capitol Hill, Facebook CEO Mark Zuckerberg, Twitter CEO Jack Dorsey, and Google CEO Sundar Pichai will be subject to yet another round of congressional grilling—this time, about the platforms’ content-moderation policies—during a March 25 joint hearing of two subcommittees of the House Energy and Commerce Committee. The ... Committee Prepares to Grill Tech CEOS, but It Is the First Amendment That Could Get Torched

The Problem of Data Property Rights

Policy discussions about the use of personal data often have “less is more” as a background assumption; that data is overconsumed relative to some hypothetical optimal baseline. This overriding skepticism has been the backdrop for sweeping new privacy regulations, such as the California Consumer Privacy Act (CCPA) and the EU’s General Data Protection Regulation (GDPR). ... The Problem of Data Property Rights

Guiding a Post-Brexit UK Trade Liberalization Strategy

In the wake of its departure from the European Union, the United Kingdom will have the opportunity to enter into new free trade agreements (FTAs) with its international trading partners that lower existing tariff and non-tariff barriers. Achieving major welfare-enhancing reductions in trade restrictions will not be easy. Trade negotiations pose significant political sensitivities, such ... Guiding a Post-Brexit UK Trade Liberalization Strategy

How Antitrust Regulators Could Use the ‘Perpetual Inventory Method’ to Value R&D

The slew of recent antitrust cases in the digital, tech, and pharmaceutical industries has brought significant attention to the investments many firms in these industries make in “intangibles,” such as software and research and development (R&D). Intangibles are recognized to have an important effect on a company’s (and the economy’s) performance. For example, Jonathan Haskel ... How Antitrust Regulators Could Use the ‘Perpetual Inventory Method’ to Value R&D

Chairman Pai’s Legacy of Transparency

For many, the chairmanship of Ajit Pai is notable for its many headline-grabbing substantive achievements, including the Restoring Internet Freedom order, 5G deployment, and rural buildout—many of which have been or will be discussed in this symposium. But that conversation is incomplete without also acknowledging Pai’s careful attention to the basic blocking and tackling of ... Chairman Pai’s Legacy of Transparency

A Reflection on Commissioner Pai, Chairman Pai, and Public Service

Much of this symposium celebrates Ajit’s contributions as chairman of the Federal Communications Commission and his accomplishments and leadership in that role. And rightly so. But Commissioner Pai, not just Chairman Pai, should also be recognized. I first met Ajit when we were both minority commissioners at our respective agencies: the FCC and Federal Trade ... A Reflection on Commissioner Pai, Chairman Pai, and Public Service

Great Job, Kid! (And Welcome to the Private Sector)

Many thanks to Geoffrey Manne for this opportunity to memorialize a few thoughts I have about Ajit’s service on the Federal Communications Commission. My remarks will be more about Ajit as a person rather than the substance and long laundry list of his accomplishments as chair. Others will do that, I’m sure. The first memory ... Great Job, Kid! (And Welcome to the Private Sector)

The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?

The U.S. Department of Justice’s (DOJ) antitrust case against Google, which was filed in October 2020, will be a tough slog.[1] It is an alleged monopolization (Sherman Act, Sec. 2) case; and monopolization cases are always a tough slog. In this brief essay I will lay out some of the issues in the case and raise ... The DOJ’s Antitrust Case Against Google: A Tough Slog, but Maybe an Intriguing Possibility?

COVID-19 Vaccines Show the Patent System Works

With the COVID-19 vaccine made by Moderna joining the one from Pfizer and BioNTech in gaining approval from the U.S. Food and Drug Administration, it should be time to celebrate the U.S. system of pharmaceutical development. The system’s incentives—notably granting patent rights to firms that invest in new and novel discoveries—have worked to an astonishing ... COVID-19 Vaccines Show the Patent System Works