Showing 7 Publications by Corbin K. Barthold

Geoff Manne on the Google Search Trial

Presentations & Interviews ICLE President Geoffrey Manne joined Tech Policy Podcast host Corbin Barthold to discuss the start of the U.S. Justice Department’s Google search antitrust trial. The . . .

ICLE President Geoffrey Manne joined Tech Policy Podcast host Corbin Barthold to discuss the start of the U.S. Justice Department’s Google search antitrust trial. The full episode is embedded below.

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Antitrust & Consumer Protection

No, Chevron Deference Will Not Save the FTC’s Noncompete Ban

TOTM The Federal Trade Commission (FTC) announced in a notice of proposed rulemaking (NPRM) last month that it intends to ban most noncompete agreements. Is that a good . . .

The Federal Trade Commission (FTC) announced in a notice of proposed rulemaking (NPRM) last month that it intends to ban most noncompete agreements. Is that a good idea? As a matter of policy, the question is debatable. So far as the NPRM is concerned, however, that debate is largely hypothetical. It is unlikely that any rule the FTC issues will ever take effect.

Read the full piece here.

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Antitrust & Consumer Protection

National Petroleum Refiners v FTC: A Tale of Two Opinions

TOTM In 1972, a case came before Aubrey E. Robinson, Jr., a judge on the U.S. District Court for the District of Columbia, involving the scope . . .

In 1972, a case came before Aubrey E. Robinson, Jr., a judge on the U.S. District Court for the District of Columbia, involving the scope of the Federal Trade Commission’s (FTC) regulatory authority. Section 5(a)(1) of the Federal Trade Commission Act outlaws “unfair methods of competition.” Section 6(g) says that the FTC may “make rules and regulations for the purposes of carrying out” the FTC Act.

Read the full piece here.

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Antitrust & Consumer Protection

Big Tech and the Parable of the Broken Window

TOTM Aboy throws a brick through a bakeshop window. He flees and is never identified. The townspeople gather around the broken glass. “Well,” one of them . . .

Aboy throws a brick through a bakeshop window. He flees and is never identified. The townspeople gather around the broken glass. “Well,” one of them says to the furious baker, “at least this will generate some business for the windowmaker!”

A reasonable statement? Not really. Although it is indeed a good day for the windowmaker, the money for the new window comes from the baker. Perhaps the baker was planning to use that money to buy a new suit. Now, instead of owning a window and a suit, he owns only a window. The windowmaker’s gain, meanwhile, is simply the tailor’s loss.

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Antitrust & Consumer Protection

There Is No Cure for Government Incompetence

TOTM The pandemic is serious. COVID-19 will overwhelm our hospitals. It might break our entire healthcare system. To keep the number of deaths in the low . . .

The pandemic is serious. COVID-19 will overwhelm our hospitals. It might break our entire healthcare system. To keep the number of deaths in the low hundreds of thousands, a study from Imperial College London finds, we will have to shutter much of our economy for months. Small wonder the markets have lost a third of their value in a relentless three-week plunge. Grievous and cruel will be the struggle to come.

Read the full piece here.

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Antitrust & Consumer Protection

The Snobbery of Bashing Big Tech

TOTM This guest post is by Corbin K. Barthold, Senior Litigation Counsel at Washington Legal Foundation.

In the spring of 1669 a “flying coach” transported six passengers from Oxford to London in a single day. Within a few years similar carriage services connected many major towns to the capital.

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Telecommunications & Regulated Utilities

Can Experts Structure Markets? Don’t Count On It.

TOTM Complexity need not follow size. A star is huge but mostly homogenous. “It’s core is so hot,” explains Martin Rees, “that no chemicals can exist (complex . . .

Complexity need not follow size. A star is huge but mostly homogenous. “It’s core is so hot,” explains Martin Rees, “that no chemicals can exist (complex molecules get torn apart); it is basically an amorphous gas of atomic nuclei and electrons.”

Nor does complexity always arise from remoteness of space or time. Celestial gyrations can be readily grasped. Thales of Miletus probably predicted a solar eclipse. Newton certainly could have done so. And we’re confident that in 4.5 billion years the Andromeda galaxy will collide with our own.

Read the full piece here.

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Antitrust & Consumer Protection