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A Set-top Box Set-Back and an Opportunity for Good Government

There must have been a great gnashing of teeth in Chairman Wheeler’s office this morning as the FCC announced that it was pulling the Chairman’s latest modifications to the set-top box proposal from its voting agenda. This is surely but a bump in the road for the Chairman; he will undoubtedly press ever onward in ... A Set-top Box Set-Back and an Opportunity for Good Government

The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations

About a month ago, I was asked by some friends about the shift from the first-to-invent patent system to a first-to-file patent system in the America Invents Act of 2011 (AIA). I was involved briefly in the policy debates in the spring of 2011 leading up to the enactment of the AIA, and so this ... The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations

Sagers on the Apple e-books case: Why does everybody hate competition so much?

United States v. Apple has fascinated me continually ever since the instantly-sensational complaint was made public, more than three years ago. Just one small, recent manifestation of the larger theme that makes it so interesting is the improbable range of folks who apparently consider certiorari rather likely—not least some commenters here, and even SCOTUSblog, which ... Sagers on the Apple e-books case: Why does everybody hate competition so much?

Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple

Try as one may, it is hard to find an easier antitrust case than United States v. Apple. Consider: The six leading publishers all wanted to prevent Amazon and others from offering best seller e-books at $9.99 (or other similar low prices). The problem, however, was that they had no mechanism for accomplishing that result. Then ... Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple

Truth on the Market welcomes our newest blogger, Joanna Shepherd

Truth on the Market is delighted to welcome our newest blogger, Joanna Shepherd. Joanna is a Professor of Law at Emory School of Law and holds an adjunct position in the Emory Economics Department (where she also earned her PhD). At the law school she teaches Torts, Law and Economics, Analytical Methods for Lawyers, and ... Truth on the Market welcomes our newest blogger, Joanna Shepherd

Debunking the Myth of a Data Barrier to Entry for Online Services

Recent years have seen an increasing interest in incorporating privacy into antitrust analysis. The FTC and regulators in Europe have rejected these calls so far, but certain scholars and activists continue their attempts to breathe life into this novel concept. Elsewhere we have written at length on the scholarship addressing the issue and found the ... Debunking the Myth of a Data Barrier to Entry for Online Services

From Today’s New York Times: Uber and Amazon

The Times seems to specialize in stories that use lots of economics but still miss the important points. Two examples from today: Stories about Uber, and about the dispute between Amazon and Hachette. UBER:  The article describes Uber’s using price changes to measure elasticity of demand, and more or less gets it right.  But it ... From Today’s New York Times: Uber and Amazon

An Additional Cost of Non-Price Rationing

Today’s (July 5, 2014) New York Times has an interesting story about rationing of water in California.  There are apparently rules in place urging people to cut back on water use, but they are apparently not well enforced.  Unsurprisingly, these appeals and unenforced rules are having relatively small effects.  So many municipalities are urging neighbors ... An Additional Cost of Non-Price Rationing

More bad economics from the Times

In today’s (Sunday, June 22, 2014) New York Times Steven Rattner Has a column  that at first appears to get the economics right, but blows it at the end.  Most of the column is an explanation of why increased automation will not cause unemployment.  He describes past fears of automation leading to unemployment, going back ... More bad economics from the Times

Restaurant Reservations

Today’s New York Times has an interesting article on restaurant reservations (Julia Moskin, “Getting a Good Table by Flicking an App, Not Greasing a Palm,” Saturday, June 14, p. A1, As the title suggests, there are now various apps and online services that obtain hot restaurant reservations and then sell them to willing buyers. This ... Restaurant Reservations

Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?

The Children’s Online Privacy Protection Act (COPPA) continues to be a hot button issue for many online businesses and privacy advocates. On November 14, Senator Markey, along with Senator Kirk and Representatives Barton and Rush introduced the Do Not Track Kids Act of 2013 to amend the statute to include children from 13-15 and add ... Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?

Of Common Law and Common Sense: Children’s Consumer Product Safety Commission vies for National Nanny Title

With thanks to Geoff and everyone else, it’s great to join the cast here at TOTM. Geoff gave a nice introduction, so I won’t use this first post to further that purpose – especially when I have substance to discuss. The only prefatory words I’ll offer are that my work lies at the intersection of ... Of Common Law and Common Sense: <del>Children’s</del> Consumer Product Safety Commission vies for National Nanny Title