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.
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...
The Commission’s NPRM would shoehorn the business models of a subset of new economy firms into a regime modelled on thirty-year-old CPNI rules designed to address fundamentally different concerns about a fundamentally different market.
"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..."
"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..."
"The Telecom Regulatory Authority of India (“TRAI”)’s tradition of regulatory humility — the “forbearance and flexibility” that has characterized its approach to telecommunications services regulation — has enabled the explosive growth of internet usage throughout India..."