May 15, 2019

A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris

Joshua Wright & Douglas Ginsburg

In a recent article[1] Joe Kattan and Tim Muris (K&M) criticize our article[2] on the predictive power of bargaining models in antitrust, in which we used two recent applications to explore implications for uses of bargaining models in courts and antitrust agencies moving forward.

Antitrust & Consumer Protection

June 14, 2018

For LabMD, the Devil is in the Not-So-Well Specified Details

Geoffrey A. Manne & Gus Hurwitz & Kristian Stout

The Eleventh Circuit’s LabMD opinion came out last week and has been something of a rorschach test for those of us who study consumer protection law. Neil Chilson found the result to be a disturbing sign of slippage in Congress’s command that the FTC refrain from basing enforcement on “public policy.” Berin Szóka, on the other hand, saw the ruling as a long-awaited rebuke against the FTC’s expansive notion of its “unfairness” authority.

Antitrust & Consumer Protection

June 4, 2018

Chevron and the Politicization of Law (or, Chevron Step Three)

Gus Hurwitz

A recent exchange between Chris Walker and Philip Hamburger about Walker’s ongoing empirical work on the Chevron doctrine (the idea that judges must defer to reasonable agency interpretations of ambiguous statutes) gives me a long-sought opportunity…

Antitrust & Consumer Protection

May 18, 2017

The Internet Conduct Rule Must Die

Allen Gibby

It’s fitting that FCC Chairman Ajit Pai recently compared his predecessor’s jettisoning of the FCC’s light touch framework for Internet access regulation without hard evidence to the Oklahoma City Thunder’s…

Telecommunications

January 30, 2017

How to Regulate: An Overview

Thomas Lambert

So I’ve just finished writing a book (hence my long hiatus from Truth on the Market).  Now that the draft is out of my hands and with the publisher (Cambridge…

Financial Regulation

August 8, 2016

Our amicus brief supporting en banc review of the court’s Open Internet Order decision

Gus Hurwitz

Last week the International Center for Law & Economics and I filed an amicus brief in the DC Circuit in support of en banc review of the court’s decision to uphold the FCC’s 2015 Open…

Telecommunications

May 1, 2016

Testimony, Legislative Hearing on 17 FTC Bills, House Committee on Energy and Commerce

Geoffrey A. Manne & Berin Szoka

"Congressional reauthorization of the FTC is long overdue. It has been twenty-two years since Congress last gave the FTC a significant course-correction and even that one, codifying the heart of the FTC’s 1980 Unfairness Policy Statement, has not had the effect Congress expected..."

Antitrust & Consumer Protection

May 1, 2016

Restoring Congressional Oversight of the Second National Legislature

Geoffrey A. Manne & Berin Szoka

Congressional reauthorization of the FTC is long overdue. It has been twenty-two years since Congress last gave the FTC a significant course-correction and even that one, codifying the heart of the FTC’s 1980 Unfairness Policy Statement, has not had the effect Congress expected.

Antitrust & Consumer Protection

April 25, 2016

Opening Pandora’s set-top box: ICLE’s comments on the FCC’s “unlocking the box” NPRM

Geoffrey A. Manne

On Friday the the International Center for Law & Economics filed comments with the FCC in response to Chairman Wheeler’s NPRM (proposed rules) to “unlock” the MVPD (i.e., cable and…

Antitrust & Consumer Protection