Resources Archive - International Center for Law & Economics

December 5, 2018

Drifting toward nonsense on EU vs. US competitiveness: The profits puzzle

Eric Fruits

A recent NBER working paper by Gutiérrez & Philippon has attracted attention from observers who see oligopoly everywhere and activists who want governments to more actively “manage” competition.

Antitrust & Consumer Protection

November 19, 2018

EU markets are more competitive than U.S. markets? Not so fast

Eric Fruits

A recent NBER working paper by Gutiérrez & Philippon attempts to link differences in U.S. and EU antitrust enforcement and product market regulation to differences in market concentration and corporate profits. The authors are not clear what they mean by lower.

Antitrust & Consumer Protection

November 13, 2018

ICLE urges NTIA to avoid heavy-handed privacy regulation that would stifle innovation and limit consumer choice

Geoffrey A. Manne & Kristian Stout & Dirk Auer

Last week, ICLE submitted comments to the National Telecommunications and Information Administration (NTIA) on Developing the Administration’s Approach to Consumer Privacy.

Data Security & Privacy

November 12, 2018

A brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT

Natasha Nayak

An important but unheralded announcement was made on October 10, 2018: The European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) released a draft CEN CENELAC Workshop Agreement (CWA) on the licensing of Standard Essential Patents (SEPs) for 5G/Internet of Things (IoT) applications.

Innovation & The New Economy

October 30, 2018

The Case for an Innovation Principle: A Comparative Law and Economics Analysis

Aurelien Portuese

After the rise of the precautionary principle (or approach) in the late 1990s in a number of jurisdictions, the economic consequences of this newly created principle of law have unfolded.

Innovation & The New Economy

October 30, 2018

UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION

Natasha Nayak

Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs).

Antitrust & Consumer Protection

October 21, 2018

The Amazon investigation and Europe’s “Big Tech” Crusade

Dirk Auer

The dust has barely settled on the European Commission’s record-breaking €4.3 Billion Google Android fine, but already the European Commission is gearing up for its next high-profile case.

Antitrust & Consumer Protection

October 19, 2018

The DOJ’s Approval of the CVS/Aetna Merger and Vertical Innovation by Incumbents

Geoffrey A. Manne

The CVS/Aetna merger is just one part of a growing private-sector movement in the healthcare industry to adopt new (mostly) vertical arrangements that seek to move beyond some of the structural inefficiencies that have plagued healthcare in the United States since World War II.

Antitrust & Consumer Protection

October 18, 2018

Telemarketing, Technology, and Why the Telephone Sucks (and how to fix it)

Gus Hurwitz

It is a truth universally acknowledged that unwanted telephone calls are among the most reviled annoyances known to man. But this does not mean that laws intended to prohibit these calls are themselves necessarily good. Indeed, in one sense we know intuitively that they are not good.

Telecommunications