The Archives

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

Showing archive for:  “Telecom”

The Upsides of Collusion and Concentration

Conspiracies and collusion often (always?) get a bad rap. Adam Smith famously derided “people of the same trade” for their inclination to conspire against the public or contrive to raise prices. Today, such conspiracies and contrivances are per se illegal and felonies punishable under the Sherman Act. It is well known and widely accepted that ... The Upsides of Collusion and Concentration

Is FRAND Litigation a Credible Threat?: A reply to Mark Lemley, Douglas Melamed and Steven Salop

Last week, we posted a piece on TOTM, criticizing the amicus brief written by Mark Lemley, Douglas Melamed and Steven Salop in the ongoing Qualcomm litigation. The authors prepared a thoughtful response to our piece, which we published today on TOTM.  In this post, we highlight the points where we agree with the amici (or ... Is FRAND Litigation a Credible Threat?: A reply to Mark Lemley, Douglas Melamed and Steven Salop

Making Sense of the Google Android Decision (part 3): Where is the Harm?

This is the third in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision (the first post can be found here, and the second here). It draws on research from a soon-to-be published ICLE white paper. (Comparison of Google and Apple’s smartphone business models. Red $ symbols represent money invested; ... Making Sense of the Google Android Decision (part 3): Where is the Harm?

Mr. Watson, I Want to See You … About Vertical Mergers and Price Regulation

Jonathan B. Baker, Nancy L. Rose, Steven C. Salop, and Fiona Scott Morton don’t like vertical mergers: Vertical mergers can harm competition, for example, through input foreclosure or customer foreclosure, or by the creation of two-level entry barriers.  … Competitive harms from foreclosure can occur from the merged firm exercising its increased bargaining leverage to ... Mr. Watson, I Want to See You … About Vertical Mergers and Price Regulation

It’s Time to Let STELA Go Off Into the Sunset and Reform Video Marketplace Regulation

Every 5 years, Congress has to reauthorize the sunsetting provisions of the Satellite Television Extension and Localism Act (STELA). And the deadline for renewing the law is quickly approaching (Dec. 31). While sunsetting is, in the abstract, seemingly a good thing to ensure rules don’t become outdated, there are an interlocking set of interest groups ... It’s Time to Let STELA Go Off Into the Sunset and Reform Video Marketplace Regulation

Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

John Maynard Keynes wrote in his famous General Theory that “[t]he ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men who believe themselves to be quite exempt from any intellectual influence, ... Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

The Forgotten Virtues of Doing Nothing

This guest post is by Jonathan M. Barnett, Torrey H. Webb Professor Law, University of Southern California Gould School of Law. It has become virtual received wisdom that antitrust law has been subdued by economic analysis into a state of chronic underenforcement. Following this line of thinking, many commentators applauded the Antitrust Division’s unsuccessful campaign ... The Forgotten Virtues of Doing Nothing

Does Apple’s “Discrimination” Against Rival Apps in the App Store harm Consumers?

A spate of recent newspaper investigations and commentary have focused on Apple allegedly discriminating against rivals in the App Store. The underlying assumption is that Apple, as a vertically integrated entity that operates both a platform for third-party apps and also makes it own apps, is acting nefariously whenever it “discriminates” against rival apps through ... Does Apple’s “Discrimination” Against Rival Apps in the App Store harm Consumers?

Debunking Elizabeth Warren’s Claim That “More Than 70% of All Internet Traffic Goes through Google or Facebook”

In March of this year, Elizabeth Warren announced her proposal to break up Big Tech in a blog post on Medium. She tried to paint the tech giants as dominant players crushing their smaller competitors and strangling the open internet. This line in particular stood out: “More than 70% of all Internet traffic goes through ... Debunking Elizabeth Warren’s Claim That “More Than 70% of All Internet Traffic Goes through Google or Facebook”

Call for Papers and Proposals – Nebraska Rural Digital Divide Roundtable

On March 19-20, 2020, the University of Nebraska College of Law will be hosting its third annual roundtable on closing the digital divide. UNL is expanding its program this year to include a one-day roundtable that focuses on the work of academics and researchers who are conducting empirical studies of the rural digital divide.  Academics ... Call for Papers and Proposals – Nebraska Rural Digital Divide Roundtable

In FTC v. Qualcomm, Judge Koh Gets Lost in the Weeds

In his latest book, Tyler Cowen calls big business an “American anti-hero”. Cowen argues that the growing animosity towards successful technology firms is to a large extent unwarranted. After all, these companies have generated tremendous prosperity and jobs. Though it is less known to the public than its Silicon Valley counterparts, Qualcomm perfectly fits the ... In FTC v. Qualcomm, Judge Koh Gets Lost in the Weeds

Seven Things Netflix’s ‘The Great Hack’ Gets Wrong About the Facebook–Cambridge Analytica Data Scandal

And if David finds out the data beneath his profile, you’ll start to be able to connect the dots in various ways with Facebook and Cambridge Analytica and Trump and Brexit and all these loosely-connected entities. Because you get to see inside the beast, you get to see inside the system. This excerpt from the ... Seven Things Netflix’s ‘The Great Hack’ Gets Wrong About the Facebook–Cambridge Analytica Data Scandal