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November 2, 2017

Amicus Brief, DANIEL BERNINGER v. FEDERAL COMMUNICATIONS COMMISSION, SCOTUS

Geoffrey A. Manne & Gus Hurwitz & Kristian Stout & Allen Gibby

This case raises significant questions about the thoroughness with which a court must review agency decisionmaking—or the extent to which a court may instead defer to that decisionmaking—when the agency has reversed a prior policy determination in the absence of a change in applicable law.

Telecommunications

August 30, 2017

Privacy Comments, Restoring Internet Freedom NPRM

Kristian Stout & Geoffrey A. Manne & Allen Gibby

As the Commission’s NPRM notes, the 2015 Open Internet Order “has weakened Americans’ online privacy by stripping the Federal Trade Commission — the nation’s premier consumer protection agency — of its jurisdiction over ISPs’ privacy and data security practices.”

Telecommunications

July 17, 2017

Policy Comments, Restoring Internet Freedom NPRM

Kristian Stout & Geoffrey A. Manne & Allen Gibby

"Federal administrative agencies are required to engage in “reasoned decisionmaking” based on a thorough review and accurate characterization of the record. Their analysis must be based on facts and reasoned predictions; it must be rooted in sound economic reasoning: it must be logically coherent..."

Telecommunications

June 30, 2017

A few thoughts on the European Commission decision against Google

Nicolas Petit

Regardless of the merits and soundness (or lack thereof) of this week’s European Commission Decision in the Google Shopping case — one cannot assess this until we have the text…

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

December 9, 2016

Public Knowledge’s Lonely Echo Chamber of Copyright Advocacy

Geoffrey A. Manne & Neil Turkewitz

Yesterday the Chairman and Ranking Member of the House Judiciary Committee issued the first set of policy proposals following their long-running copyright review process. These proposals were principally aimed at…

Intellectual Property

October 13, 2016

A Critical Assessment of the Latest Charge of Google’s Anticompetitive Bias

Geoffrey A. Manne & Kristian Stout & Ben Sperry

Late last year, Tim Wu of Columbia Law School (and now the White House Office of Management and Budget), Michael Luca of Harvard Business School (and a consultant for Yelp), and a group of Yelp data scientists released a study claiming that Google has been purposefully degrading search results from its more-specialized competitors in the area of local search.

Antitrust & Consumer Protection

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 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

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