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GEOFFREY MANNE on Platforms as Common Carriers

Presentations & Interviews ICLE President Geoffrey Manne took part in a virtual panel discussion hosted by the Federalist Society on whether common carrier regulations could and should be . . .

ICLE President Geoffrey Manne took part in a virtual panel discussion hosted by the Federalist Society on whether common carrier regulations could and should be used to constrain the moderation decisions of digital platforms. The full video is embedded below.

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Innovation & the New Economy

Dynamic Merger Efficiencies: The Case of Pharmaceutical Markets

TOTM The recent launch of the international Multilateral Pharmaceutical Merger Task Force (MPMTF) is just the latest example of burgeoning cooperative efforts by leading competition agencies to promote . . .

The recent launch of the international Multilateral Pharmaceutical Merger Task Force (MPMTF) is just the latest example of burgeoning cooperative efforts by leading competition agencies to promote convergence in antitrust enforcement. (See my recent paper on the globalization of antitrust, which assesses multinational cooperation and convergence initiatives in greater detail.) In what is a first, the U.S. Federal Trade Commission (FTC), the U.S. Justice Department’s (DOJ) Antitrust Division, offices of state Attorneys General, the European Commission’s Competition Directorate, Canada’s Competition Bureau, and the U.K.’s Competition and Market Authority (CMA) jointly created the MPMTF in March 2021 “to update their approach to analyzing the effects of pharmaceutical mergers.”

Read the full piece here.

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Intellectual Property & Licensing

The Virtues and Pitfalls of Economic Models

TOTM Interrogations concerning the role that economic theory should play in policy decisions are nothing new. Milton Friedman famously drew a distinction between “positive” and “normative” . . .

Interrogations concerning the role that economic theory should play in policy decisions are nothing new. Milton Friedman famously drew a distinction between “positive” and “normative” economics, notably arguing that theoretical models were valuable, despite their unrealistic assumptions. Kenneth Arrow and Gerard Debreu’s highly theoretical work on General Equilibrium Theory is widely acknowledged as one of the most important achievements of modern economics.

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Antitrust & Consumer Protection

What Lina Khan’s appointment means for the House antitrust bills

TOTM Lina Khan’s appointment as chair of the Federal Trade Commission (FTC) is a remarkable accomplishment. At 32 years old, she is the youngest chair ever. Her . . .

Lina Khan’s appointment as chair of the Federal Trade Commission (FTC) is a remarkable accomplishment. At 32 years old, she is the youngest chair ever. Her longstanding criticisms of the Consumer Welfare Standard and alignment with the neo-Brandeisean school of thought make her appointment a significant achievement for proponents of those viewpoints.

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Antitrust & Consumer Protection

The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston

TOTM In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld . . .

In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld a district court injunction finding unlawful certain National Collegiate Athletic Association (NCAA) rules limiting the education-related benefits schools may make available to student athletes. The decision will come as no surprise to antitrust lawyers who heard the oral argument; the NCAA was portrayed as a monopsony cartel whose rules undermined competition by restricting compensation paid to athletes.

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Antitrust & Consumer Protection

Encouraging Broadband Deployment: Removing Regulatory Barriers

TL;DR As part of its ongoing debate over infrastructure spending, Congress should consider how to best encourage broadband deployment.

Background…

As part of its ongoing debate over infrastructure spending, Congress should consider how to best encourage broadband deployment. Lawmakers have been considering ways to fund deployment, particularly through subsidies to users or providers.

But…

As important as it is to get subsidies right, the lowest-hanging fruit to facilitate deployment and adoption of broadband is to reform policies that needlessly impede the construction and efficient operation of broadband services. Chief among those are rules governing pole attachments and eligible telecommunications carrier (ETC) requirements.

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Telecommunications & Regulated Utilities

The Problems with Municipal Broadband

TL;DR President Joe Biden’s American Jobs Plan calls for “future proof” broadband infrastructure, with priority for broadband networks “owned, operated by, or affiliated with local governments, non-profits, and co-operatives―providers with less pressure to turn profits and with a commitment to serving entire communities.”

Background…

President Joe Biden’s American Jobs Plan calls for “future proof” broadband infrastructure, with priority for broadband networks “owned, operated by, or affiliated with local governments, non-profits, and co-operatives?providers with less pressure to turn profits and with a commitment to serving entire communities.”

But…

Municipal broadband and other options that decouple Internet service from profits and losses do not serve consumers in a cost-effective way. Municipal providers rely heavily on subsidies (including cross-subsidies from electric co-ops) to continue operations, creating an uneven playing field. The presence of a municipal provider also means less incentive for private companies to enter or expand in the market. On the other hand, benefits from municipal broadband are minimal and it represents a risky investment for taxpayers that should only be considered a last resort.

Read the full explainer here.

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Telecommunications & Regulated Utilities

Sam Bowman on foreign aid

Presentations & Interviews ICLE Director of Competition Policy Sam Bowman took part in the Institute for Economic Affairs’ Markets and Morality videocast in a segment on the U.K.’s . . .

ICLE Director of Competition Policy Sam Bowman took part in the Institute for Economic Affairs’ Markets and Morality videocast in a segment on the U.K.’s foreign aid budget. The full episode is embedded below.

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Sam Bowman on Corporate Mergers

Presentations & Interviews ICLE Director of Competition Policy Sam Bowman joined the Cato Institute’s Cato Daily Podcast to discuss mergers and U.S. and U.K. antitrust law. The full episode . . .

ICLE Director of Competition Policy Sam Bowman joined the Cato Institute’s Cato Daily Podcast to discuss mergers and U.S. and U.K. antitrust law. The full episode is embedded below.

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Antitrust & Consumer Protection