July 14, 2018

Comments on the NTIA's International Internet Policy Priorities Notice of Inquiry

Geoffrey A. Manne & Julian Morris & Kristian Stout
Properly considered, there is no novel conflict between promoting the flow of information and protecting intellectual property rights online. While the specific mechanisms employed to mediate between these two principles may differ, the fundamental principles that determine the dividing line between “legal” and “illegal” content and its distribution offline can and should be respected online, as well.
Intellectual Property
July 13, 2018

Podcast: Free Lunch Podcast Episode 33 – Net Neutrality and Federalism

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Despite the Federal Communication Commission’s decision in December 2017 to eliminate the common carrier regulations for Internet services — the so-called net neutrality rules the FCC created in 2015 — the net neutrality debate rages on. Gus Hurwitz, Brent Skorup, and Geoffrey Manne discuss this new front in regulation, federalism, and grassroots activism.
Telecommunications
June 27, 2018

ICLE Letter to Senate Judiciary re T-Mobile-Sprint Merger

Geoffrey A. Manne & Richard Epstein & Gus Hurwitz & Thomas Lambert & Michael Sykuta & Peter Klein & Mark Jamison & Dan Lyons
We are a group of eight scholars of antitrust law and economics affiliated with the International Center for Law & Economics, a nonprofit, nonpartisan policy research center based in Portland, OR. Without taking a position on the merits of the proposed T-Mobile/Sprint merger, this letter provides a brief explication of our views on some of the important economic issues involved in the transaction’s antitrust review.
Antitrust & Consumer Protection
June 14, 2018

For LabMD, the Devil is in the Not-So-Well Specified Details

Geoffrey A. Manne & Gus Hurwitz & Kristian Stout
The Eleventh Circuit’s LabMD opinion came out last week and has been something of a rorschach test for those of us who study consumer protection law. Neil Chilson found the result to be a disturbing sign of slippage in Congress’s command that the FTC refrain from basing enforcement on “public policy.” Berin Szóka, on the other hand, saw the ruling as a long-awaited rebuke against the FTC’s expansive notion of its “unfairness” authority.
Antitrust & Consumer Protection