Resources Archive - International Center for Law & Economics

April 20, 2018

Classical Liberalism and the Problem of Technological Change

Geoffrey A. Manne & Gus Hurwitz

Introduction The relationship between classical liberalism and technology is surprisingly fraught. The common understanding is that technological advance is complementary to the principles of classical liberalism – especially in the…

Innovation & The New Economy

April 16, 2018

The illiberal vision of neo-Brandeisian antitrust

Geoffrey A. Manne

The urge to treat antitrust as a legal Swiss Army knife capable of correcting all manner of social and economic ills is apparently difficult for some to resist. Conflating size with market power, and market power with political power, many recent calls for regulation of industry — and the tech industry in particular — are framed in antitrust terms.

Antitrust & Consumer Protection

March 9, 2018

Podcast: Why Tech Companies Are Worried about the Ohio v. Amex Case

Geoffrey A. Manne

Click here to listen to the podcast. A U.S. Supreme Court case over the legitimacy of a credit card issuer’s terms of business with its merchant establishments is reverberating far…

Antitrust & Consumer Protection

March 6, 2018

Causing harm in the name of safety: Political opposition to non-combustible tobacco products

Eric Fruits & Geoffrey A. Manne

In January a Food and Drug Administration advisory panel, the Tobacco Products Scientific Advisory Committee (TPSAC), voted 8-1 that the weight of scientific evidence shows that switching from cigarettes to an innovative, non-combustible…

Innovation & The New Economy

March 5, 2018

The First Priority of Antitrust Analysis is Getting It Right, Not Making it Easier

Kristian Stout & Gus Hurwitz

Excess is unflattering, no less when claiming that every evolution in legal doctrine is a slippery slope leading to damnation. In Friday’s New York Times, Lina Khan trots down this…

Antitrust & Consumer Protection

February 26, 2018

TESTIMONY, Competition in the Pharmaceutical Supply Chain: The Proposed Merger of CVS Health and Aetna

Geoffrey A. Manne

Introduction Chairman Marino, Ranking Member Cicilline, and Members of the Com- mittee, thank you for giving me the opportunity to testify before you today. The overriding point of my testimony…

Antitrust & Consumer Protection

February 15, 2018

Trade Agreements and Restatements as End Runs Around the Rule of Law

Kristian Stout

The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s contribution…

Intellectual Property

January 26, 2018

The Unreasonable Demands of Antitrust Populism

Kristian Stout

A panelist brought up an interesting tongue-in-cheek observation about the rising populist antitrust movement at a Heritage antitrust event this week. To the extent that the new populist antitrust movement…

Antitrust & Consumer Protection

January 25, 2018

Amicus Brief, Ohio v. American Express

Geoffrey A. Manne & Babette Boliek & James Cooper & Richard Epstein & Thomas Hazlett & Gus Hurwitz & Jonathan Klick & Thomas Lambert & Tad Lipsky & David Teece & Joshua Wright & Christopher Yoo

Summary of Argument While the three-step burden-shifting framework for evaluating antitrust cases under the rule of reason is conceptually well-accepted and understood, case law remains unclear regarding what suffices to…

Antitrust & Consumer Protection