Showing archive for: “Legal Profession & Scholarship”
Imposed Final Offer Arbitration: Price Regulation by Any Other Name
“Just when I thought I was out, they pull me back in!” says Al Pacino’s character, Michael Corleone, in Godfather III. That’s how Facebook and Google must feel about S. 673, the Journalism Competition and Preservation Act (JCPA). Gus Hurwitz called the bill dead in September. Then it passed the Senate Judiciary Committee. Now, there ... Imposed Final Offer Arbitration: Price Regulation by Any Other Name
A Policy Statement Is Still Only Worth the Electrons Upon Which It Is Written
Just over a decade ago, in a speech at the spring meeting of the American Bar Association’s Antitrust Law Section, then-recently appointed Commissioner Joshua Wright of the Federal Trade Commission (FTC) announced his hope that the FTC would adopt a policy statement on the use of its unfair methods of competition (UMC) authority: [The Commission] ... A Policy Statement Is Still Only Worth the Electrons Upon Which It Is Written
The Bitter Fruits of Federal Antitrust ‘Reform’ Legislation
Much ink has been spilled regarding the potential harm to the economy and to the rule of law that could stem from enactment of the primary federal antitrust legislative proposal, the American Innovation and Choice Online Act (AICOA) (see here). AICOA proponents, of course, would beg to differ, emphasizing the purported procompetitive benefits of limiting ... The Bitter Fruits of Federal Antitrust ‘Reform’ Legislation
The FTC UMC Roundup–A Weekly Review
Welcome to the FTC UMC Roundup, our new weekly update of news and events relating to antitrust and, more specifically, to the Federal Trade Commission’s (FTC) newfound interest in “revitalizing” the field. Each week we will bring you a brief recap of the week that was and a preview of the week to come. All ... The FTC UMC Roundup–A Weekly Review
The ABA’s Antitrust Law Section Sounds the Alarm on Klobuchar-Grassley
Sens. Amy Klobuchar (D-Minn.) and Chuck Grassley (R-Iowa)—cosponsors of the American Innovation Online and Choice Act, which seeks to “rein in” tech companies like Apple, Google, Meta, and Amazon—contend that “everyone acknowledges the problems posed by dominant online platforms.” In their framing, it is simply an acknowledged fact that U.S. antitrust law has not kept ... The ABA’s Antitrust Law Section Sounds the Alarm on Klobuchar-Grassley
Khan’s ‘Vision and Priorities for the FTC’ Statement Lacks Humility and Strategic Insight
Federal Trade Commission (FTC) Chair Lina Khan’s Sept. 22 memorandum to FTC commissioners and staff—entitled “Vision and Priorities for the FTC” (VP Memo)—offers valuable insights into the chair’s strategy and policy agenda for the commission. Unfortunately, it lacks an appreciation for the limits of antitrust and consumer-protection law; it also would have benefited from greater ... Khan’s ‘Vision and Priorities for the FTC’ Statement Lacks Humility and Strategic Insight
Going Back to Antitrust Basics
Advocates of legislative action to “reform” antitrust law have already pointed to the U.S. District Court for the District of Columbia’s dismissal of the state attorneys general’s case and the “conditional” dismissal of the Federal Trade Commission’s case against Facebook as evidence that federal antitrust case law is lax and demands correction. In fact, the ... Going Back to Antitrust Basics
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)
Conflict of Interest in Prosecuting Police Officers: Examining the Incentives Facing District Attorneys
High-profile cases like those of Michael Brown in Ferguson, Missouri, and Breonna Taylor in Louisville, Kentucky, have garnered attention from the media and the academy alike about decisions by grand juries not to charge police officers with homicide. While much of this focus centers on alleged racial bias on the part of police officers and ... Conflict of Interest in Prosecuting Police Officers: Examining the Incentives Facing District Attorneys
For the Bar, Competition is Always “Unethical”
State bar associations, with the backing of state judiciaries and legislatures, are typically entrusted with a largely unqualified monopoly over licensing in legal services markets. This poses an unavoidable policy tradeoff. Designating the bar as gatekeeper might protect consumers by ensuring a minimum level of service quality. Yet the gatekeeper is inherently exposed to influence ... For the Bar, Competition is Always “Unethical”
Economic Calculation in the Public Defender’s Office
After spending a few years away from ICLE and directly engaging in the day to day grind of indigent criminal defense as a public defender, I now have a new appreciation for the ways economic tools can explain behavior that I had not before studied. For instance, I think the law and economics tradition, specifically ... Economic Calculation in the Public Defender’s Office
Don’t Miss the 2018 ICLE/Leeds Competition Law Conference: Have We Exceeded the Limits of Antitrust?
REGISTER HERE for the much-anticipated 2018 ICLE/Leeds competition law conference, this Friday and Saturday in Washington, DC. NB: We’ve been approved for 8 credit hours of VA MCLE The conference agenda is below. We hope to see you there!
