You searched for - International Center for Law & Economics

July 25, 2022

The Bitter Fruits of Federal Antitrust ‘Reform’ Legislation

[The following is part of a digital symposium by Truth on the Market guests and authors on Antitrust’s Uncertain Future: Visions of Competition in the New Regulatory Landscape. Information on…

Antitrust & Consumer Protection

July 6, 2022

Patent Eligibility, Competition, Innovation, Congress, and the Supreme Court

Alden Abbott

A highly competitive economy is characterized by strong, legally respected property rights. A failure to afford legal protection to certain types of property will reduce individual incentives to participate in…

Intellectual Property

July 5, 2022

Why FTC Competition Rulemaking Likely Will Fail

Alden Abbott

[On Monday, June 27, Concurrences hosted a conference on the Rulemaking Authority of the Federal Trade Commission. This conference featured the work of contributors to a new book on the subject edited by Professor Dan…

Antitrust & Consumer Protection

June 17, 2022

DOJ’s Threatened Reign of Error: Proposed Criminal-Monopolization Prosecutions

Alden Abbott

The Biden administration’s antitrust reign of error continues apace. The U.S. Justice Department’s (DOJ) Antitrust Division has indicated in recent months that criminal prosecutions may be forthcoming under Section 2 of the…

Antitrust & Consumer Protection

April 15, 2022

Lina Khan’s Privacy Proposals Are at Odds with Market Principles and Consumer Welfare

Alden Abbott

The Federal Trade Commission (FTC) is at it again, threatening new sorts of regulatory interventions in the legitimate welfare-enhancing activities of businesses—this time in the realm of data collection by…

Antitrust & Consumer Protection

April 5, 2022

FTC UMC Rulemakings Would Prove Legal Failures

Alden Abbott

Federal Trade Commission (FTC) competition rulemakings, like spring, are in the air. But do they make policy or legal sense? In two commentaries last summer (see here and here), I argued that FTC…

Antitrust & Consumer Protection

April 1, 2022

ICLE Brief for 9th Circuit in Epic Games v Apple

Alden Abbott & Thomas C. Arthur & Dirk Auer & Jonathan Barnett & Donald Boudreaux & Giuseppe Colangelo & Anthony Dukes & Richard Epstein & Vivek Ghosal & Janice Hauge & Gus Hurwitz & Michael S. Jacobs & Mark Jamison & Benjamin Klein & Peter Klein & Jonathan Klick & Dan Lyons & Geoffrey A. Manne & Francisco Marcos & Scott Masten & Alan J. Meese & Igor Nikolic & Paul Rubin & Vernon L. Smith & Michael Sykuta & Alexander "Sasha" Volokh

In this brief for the 9th U.S. Circuit Court of Appeals, ICLE and 26 distinguished scholars of law & economics argue that the district court in a suit brought by Epic Games rightly found that Apple’s procompetitive justifications outweigh any purported anticompetitive effects in the market for mobile-gaming transactions.

Antitrust & Consumer Protection

March 30, 2022

Suggested Redline Edits to the DOJ’s Letter to Judiciary Committee Leadership

Alden Abbott

The Biden administration finally has taken a public position on parallel House (H.R. 3816) and Senate (S. 2992) bills that would impose new welfare-reducing regulatory constraints on the ability of…

Antitrust & Consumer Protection

March 24, 2022

Toward a Dynamic Consumer Welfare Standard for Contemporary U.S. Antitrust Enforcement

Alden Abbott

For decades, consumer-welfare enhancement appeared to be a key enforcement goal of competition policy (antitrust, in the U.S. usage) in most jurisdictions: The U.S. Supreme Court famously proclaimed American antitrust…

Antitrust & Consumer Protection

Resources