Showing archive for: “Intellectual Property”
‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,’ by Guido Calabresi & A. Douglas Melamed
Guido Calabresi and Doug Melamed’s 1972 classic “One View of the Cathedral” sets up a framework that is now standard fare for first-year law students. First-years spend their early months trying to figure out what they are doing and why they shuffle from property class to torts class. They hear terminology utterly new to them ... ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,’ by Guido Calabresi & A. Douglas Melamed
Nobel Prize Winners’ Work Supports Dynamic Antitrust Enforcement
Antitrust should center on dynamic market forces that drive major technological change, rather than on static “big is bad” market analysis, based on the work of the 2025 economics Nobel Prize winners. Antitrust enforcers in the United States and around the world could benefit by incorporating these insights into their policy development. Focus on Dynamic ... Nobel Prize Winners’ Work Supports Dynamic Antitrust Enforcement
The PRO Codes Act and the Perils of Surreptitious Compulsory Licensing
Congress’ latest foray into copyright and administrative law, the Promoting Responsible and Open Codes Act (PRO Codes Act), has surfaced a longrunning tension in the world of standards development. On its face, the bill appears benign—ensuring that, when private standards are incorporated by reference into law, citizens can access them for free. But beneath this ... The PRO Codes Act and the Perils of Surreptitious Compulsory Licensing
The Risks of Adopting Foreign Price Controls for Drugs
Recent reports indicate that President Donald Trump is urging House Republicans to adopt a “most favored nation” (MFN) policy for Medicaid drug purchasing, linking U.S. prices to the lowest rates paid by other countries. While the goal of reducing Medicaid costs is understandable—particularly amid growing concerns about drug affordability—relying on foreign pricing benchmarks would risk ... The Risks of Adopting Foreign Price Controls for Drugs
Industrial Policy and Antitrust: A Crossroads of U.S. Competitiveness
Antitrust policy in the United States generally doesn’t experience immediate dramatic revision with each new administration, and it’s unlikely that this time will be different. With that said, I would hope that the new administration will take a close look at recent enforcement policy, particularly regarding “Big Tech,” where there’s a concerning trend toward what ... Industrial Policy and Antitrust: A Crossroads of U.S. Competitiveness
Reclaiming Antitrust
The United States is the birthplace of antitrust, starting with the enactment of the Sherman Antitrust Act in 1890. During the late 19th and early 20th century, cartels were common in Europe, while U.S. antitrust enforcers unraveled them. Only after World War II did European countries incrementally adopt competition law in various forms. Since that ... Reclaiming Antitrust
The View from the United Kingdom: A TOTM Q&A with John Fingleton
What is the UK doing in the field of digital-market regulation, and what do you think it is achieving? There are probably four areas to consider. The first is that the UK’s jurisdiction on mergers increased with Brexit. The UK is not subject to the same turnover threshold as under European law, and this enables ... The View from the United Kingdom: A TOTM Q&A with John Fingleton
Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC
Go big or go home, they say. It’s not really an either-or choice: one can go big, and then go home. Not infrequently, an attempt to go big is what gets one sent home. The Federal Trade Commission (FTC) swung for the fences in April 23’s open meeting. On purely partisan lines, the commission voted ... Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC
NLRB Targeting of Noncompetes Lacks a Sound Legal Foundation
Jennifer Abruzzo, general counsel of the National Labor Relations Board (NLRB), recently issued a memo claiming that certain noncompete clauses in labor contracts are illegal, on grounds that they violate employees’ right to organize and negotiate better working conditions under Section 7 of the National Labor Relations Act (NLRA). The NLRB isn’t the first Biden ... NLRB Targeting of Noncompetes Lacks a Sound Legal Foundation
Oregon Should Beware the Right to Repair
The Oregon State Legislature is considering HB 3631, a bill that would ensure that consumers have a “right to repair” their electronics devices. The legislation would require that manufacturers provide consumers and independent repair shops access to relevant repair information, as well to make available any parts or tools necessary to carry out the repair. ... Oregon Should Beware the Right to Repair
If Necessity Is the Mother of Invention, New EU SEP Rules Are Decidedly Unnecessary
An unofficial version of the EU’s anticipated regulatory proposal on standard essential patents (SEPs), along with a related impact assessment, was leaked earlier this month, generating reactions that range from disquiet to disbelief (but mostly disbelief). Our friend Igor Nikolic wrote about it here on Truth on the Market, and we share his his concern that: As it currently stands, it appears the regulation will ... If Necessity Is the Mother of Invention, New EU SEP Rules Are Decidedly Unnecessary
European Commission’s Leaked SEP Regulation Would Increase Costs for Innovators, Hurt EU Competitiveness, and Fail to Reduce Litigation
The European Commission is working on a legislative proposal that would regulate the licensing framework for standard-essential patents (SEPs). A regulatory proposal leaked to the press has already been the subject of extensive commentary (see here, here, and here). The proposed regulation apparently will include a complete overhaul of the current SEP-licensing system and will ... European Commission’s Leaked SEP Regulation Would Increase Costs for Innovators, Hurt EU Competitiveness, and Fail to Reduce Litigation
