The Archives

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

Showing archive for:  “International Trade”

Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference

The American Bar Association’s (ABA) “Antitrust in Asia:  China” Conference, held in Beijing May 21-23 (with Chinese Government and academic support), cast a spotlight on the growing economic importance of China’s six-year old Anti-Monopoly Law (AML).  The Conference brought together 250 antitrust practitioners and government officials to discuss AML enforcement policy.  These included the leaders ... Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference

FTC at a crossroads: The McWane case

Anyone familiar with the antitrust newstream realizes there is a tremendous amount of controversy about the Federal Trade Commission’s administrative litigation process. Unlike the Antitrust Division which fights its litigation battles in Federal Court, the FTC has a distinct home court advantage. FTC antitrust cases are typically litigated administratively with a trial conducted before an ... FTC at a crossroads: The McWane case

Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute

Over at the blog for the Center for the Protection of Intellectual Property, Richard Epstein has posted a lengthy essay that critiques the Obama Administration’s decision this past August 3 to veto the exclusion order issued by the International Trade Commission (ITC) in the Samsung v. Apple dispute filed there (ITC Investigation No. 794).  In ... Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute

Joe Sims on First Principles of Section 5 Authority

I find that discussions on antitrust policy, if they are not to devolve into simple recitations of preferred industrial policy, are most focused when grounded in first principles and, frequently, a little history.  So a few words on both with respect to Section 5, starting with the history. The FTC Act, in addition to being ... Joe Sims on First Principles of Section 5 Authority

Why the ITC is actually a good place to adjudicate standard-essential patents

Over at Law360 I have a piece on patent enforcement at the ITC (gated), focusing on the ITC’s two Apple-Samsung cases: one in which the the ITC issued a final determination in which it found Apple to have infringed one of Samsung’s 3G-related SEPs, and the other (awaiting a final determination from the Commission) in which ... Why the ITC is actually a good place to adjudicate standard-essential patents

ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust

The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers. Well, this argument has crashed and ... ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust

Richard Epstein Podcast: “Patent Rights: A Spark or Hindrance for the Economy?”

About a week ago, I was lucky to moderate the digital equivalent of a “fireside chat” with Richard Epstein about the patent system.  The topic was “Patent Rights: A Spark or Hindrance for the Economy?,” and Richard offered his usual brilliant analysis of the systemic viritues of securing patents as property rights.  you can listen ... Richard Epstein Podcast: “Patent Rights: A Spark or Hindrance for the Economy?”

Teleforum Today with Richard Epstein: “Patent Rights: A Spark or Hindrance for the Economy?”

I’m moderating the digital equivalent of a “fireside chat” with Richard Epstein at 3pm this afternoon.  The great thing about teleforums is that, unlike podcasts, listeners can ask questions of the speaker.  So, call in and let’s have fun!   Here’s the information: Patent Rights: A Spark or Hindrance for the Economy? Federalist Society Intellectual Property ... Teleforum Today with Richard Epstein: “Patent Rights: A Spark or Hindrance for the Economy?”

David Schleicher on City Unplanning

Forbes interviews my colleague and office neighbor David Schleicher on his new and very interesting paper, City Unplanning.  This paper continues Schleicher’s interesting line of research on the law and economics of cities with a creative and powerful analysis of the political economy of zoning in big cites. Here’s a brief snippet from the start ... David Schleicher on City Unplanning

A Tale of Two Subsidies

Last week’s business news highlighted two tremendous subsidy programs. In one case, the company received no direct payment for product development. None of its suppliers received targeted subsidies to produce parts. But consumers were subsidized to encourage them to buy the product. In the other case, the company received direct payments to underwrite the cost ... A Tale of Two Subsidies

Obama’s Fatal Conceit

From the beginning of his presidency, I’ve wanted President Obama to succeed.  He was my professor in law school, and while I frequently disagreed with his take on things, I liked him very much.  On the eve of his inauguration, I wrote on TOTM that I hoped he would spend some time meditating on Hayek’s ... Obama’s Fatal Conceit

Specialization and Exchange, Georgia Chopsticks Edition

From the Economist, and courtesy of Craig Newmark: Enter Georgia Chopsticks. Jae Lee, a former scrap-metal exporter, saw an opportunity and began turning out chopsticks for the Chinese market late last year. He and his co-owner, David Hughes, make their chopsticks from poplar and sweet-gum trees, which have the requisite flexibility and toughness, and are ... Specialization and Exchange, Georgia Chopsticks Edition