Showing archive for: “US Constitution”
Judge Gorsuch’s Distinguished Antitrust Record
Overview A?merica’s antitrust laws have long held a special status in the ?federal statutory hierarchy. The Supreme Court of the United States, for example, famously stated that the “[a]ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.” Thus, when considering the qualifications of a nominee to the ... Judge Gorsuch’s Distinguished Antitrust Record
Unleashing Prosperity through Smarter Financial Regulation
On February 28, the Heritage Foundation issued a volume of essays by leading scholars on the law and economics of financial services regulatory reform entitled Prosperity Unleashed: Smarter Financial Regulation. This Report, which is well worth a read (in particular, by incoming Trump Administration officials and Members of Congress), is available online. The Report’s 23 ... Unleashing Prosperity through Smarter Financial Regulation
The FTC Takes on “Petitioning” of Government as an Anticompetitive Exclusionary Tactic
Background Some of the most pernicious and welfare-inimical anticompetitive activity stems from the efforts of firms to use governmental regulation to raise rivals’ costs or totally exclude them from the market (see, for example, here). The surest cure to such economic harm is, of course, the elimination or reform of anticompetitive government laws and regulations, ... The FTC Takes on “Petitioning” of Government as an Anticompetitive Exclusionary Tactic
The FTC’s PAE Study Recommendations: Case Not Proven
On October 6, 2016, the U.S. Federal Trade Commission (FTC) issued Patent Assertion Entity Activity: An FTC Study (PAE Study), its much-anticipated report on patent assertion entity (PAE) activity. The PAE Study defined PAEs as follows: Patent assertion entities (PAEs) are businesses that acquire patents from third parties and seek to generate revenue by asserting ... The FTC’s PAE Study Recommendations: Case Not Proven
FCC Disregard of the Rule of Law Requires Legislative Reform
On October 6, the Heritage Foundation released a legal memorandum (authored by me) that recounts the Federal Communications Commission’s (FCC) recent sad history of ignoring the rule of law in its enforcement and regulatory actions. The memorandum calls for a legislative reform agenda to rectify this problem by reining in the agency. Key points culled ... FCC Disregard of the Rule of Law Requires Legislative Reform
Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
The Global Antitrust Institute (GAI) at George Mason University’s Antonin Scalia Law School released today a set of comments on the joint U.S. Department of Justice (DOJ) – Federal Trade Commission (FTC) August 12 Proposed Update to their 1995 Antitrust Guidelines for the Licensing of Intellectual Property (Proposed Update). As has been the case with ... Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
Sixth Circuit’s Decision Rejecting FCC Preemption of State Restrictions on Municipal Broadband Ownership Strikes a Blow in Favor of the Rule of Law (But a Broader Problem Remains)
The American concept of “the rule of law” (see here) is embodied in the Due Process Clause of the Fifth Amendment to the U.S. Constitution, and in the constitutional principles of separation of powers, an independent judiciary, a government under law, and equality of all before the law (see here). It holds that the executive ... Sixth Circuit’s Decision Rejecting FCC Preemption of State Restrictions on Municipal Broadband Ownership Strikes a Blow in Favor of the Rule of Law (But a Broader Problem Remains)
No, The FCC Should Not Have the Power to Cancel Contracts
Copyright law, ever a sore point in some quarters, has found a new field of battle in the FCC’s recent set-top box proposal. At the request of members of Congress, the Copyright Office recently wrote a rather thorough letter outlining its view of the FCC’s proposal on rightsholders. In sum, the CR’s letter was an ... No, The FCC Should Not Have the Power to Cancel Contracts
Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System
On August 6, the Global Antitrust Institute (the GAI, a division of the Antonin Scalia Law School at George Mason University) submitted a filing (GAI filing or filing) in response to the Japan Fair Trade Commission’s (JFTC’s) consultation on reforms to the Japanese system of administrative surcharges assessed for competition law violations (see here for ... Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System
Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy
The Global Antitrust Institute (GAI) at George Mason University Law School (officially the “Antonin Scalia Law School at George Mason University” as of July 1st) is doing an outstanding job at providing sound law and economics-centered advice to foreign governments regarding their proposed antitrust laws and guidelines. The GAI’s latest inspired filing, released on July ... Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy
CPIP Conference on Oct. 6-7, 2016: “Intellectual Property and Global Prosperity”
Please Join Us For A Conference On Intellectual Property Law INTELLECTUAL PROPERTY & GLOBAL PROSPERITY Keynote Speaker: Dean Kamen October 6-7, 2016 Antonin Scalia Law School George Mason University Arlington, Virginia CLICK HERE TO REGISTER NOW **9 Hours CLE**
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
