January 3, 2017

Amicus Brief, LabMD Inc., v. FTC, 11th Circuit

Geoffrey A. Manne & Kristian Stout & Berin Szoka

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 [“Section 5”], is a consumer protection statute, not a data security rule...This fundamental point has been lost in the Commission’s approach to data security.

Antitrust & Consumer Protection

October 21, 2016

FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

Geoffrey A. Manne

Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us…

Antitrust & Consumer Protection

October 20, 2016

Letter, Deviations from the FTC Privacy Framework, FTC

Geoffrey A. Manne

"Dear Ms. Dortch: I write to express my concerns regarding the consumer welfare effects of the revised broadband privacy proposal summarized in a Fact Sheet by Federal Communications Commission (“FCC”) Chairman Tom Wheeler earlier this month..."

Data Security & Privacy

September 28, 2016

The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation

Kristian Stout

This week, the International Center for Law & Economics filed comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines.

Antitrust & Consumer Protection

September 26, 2016

Comments, In the Matter of the Joint Guidelines for the Licensing of IP

Kristian Stout & Geoffrey A. Manne

The proposed guidelines are founded on a commendable set of underlying assumptions: that intellectual property (“IP”) is, for antitrust purposes, amenable to the same sort of analysis that applies to other forms of property...

Intellectual Property

June 14, 2016

Senator Lee’s prescription for regulatory failure in the generic drug market

Geoffrey A. Manne

Brand drug manufacturers are no strangers to antitrust accusations when it comes to their complicated relationship with generic competitors — most obviously with respect to reverse payment settlements. But the…

Antitrust & Consumer Protection

May 31, 2016

The FCC’s proposed broadband privacy rules: The harmful effects of regulating without evidence or analysis

Geoffrey A. Manne

Last week the International Center for Law & Economics filed comments on the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars of law & economics:…

Antitrust & Consumer Protection

May 26, 2016

Congressional testimony on legislative reform proposals for the FTC

Geoffrey A. Manne

Earlier this week I testified before the U.S. House Subcommittee on Commerce, Manufacturing, and Trade regarding several proposed FTC reform bills. You can find my written testimony here. That testimony…

Antitrust & Consumer Protection

May 23, 2016

Reply Comments, Expanding Consumers’ Video Navigation Choices, FCC

Geoffrey A. Manne & Kristian Stout

"The Commission undertakes this rulemaking with the commendable goal of enhancing competition. But even the noblest of goals cannot be pursued by plainly illegal means. Unfortunately, that’s exactly what these proposed rules would do..."

Telecommunications