The Capitalist Paradox: How Cooperation Enables Free Market Competition
"I propose a different way to view the economy, and one that might help us better explain what we are doing to students and to policy makers, including voters."
The Capitalist Paradox: How Cooperation Enables Free Market Competition
Municipal Revenue Extraction Should Not Stand in the Way of Next Generation Broadband
Advanced broadband networks are hot topics, but little attention is paid to the critical investments in infrastructure necessary to make these networks a reality. The FCC’s proposed 621 Order is an important measure to help providers deploy high speed broadband across a fragmented municipal regulatory environment.
Who’s the Real Destroyer of Retail
Treasury Secretary Steve Mnuchin recently claimed that Amazon has “destroyed the retail industry across the United States” and should be investigated for antitrust violations. The claim doesn’t pass the laugh test. What’s more, the allegation might more rightly be leveled at Mnuchin himself.
T-Mobile Sprints to the Finish Line: States Demand a Do-Over
T-Mobile/Sprint merger cleared with conditions, but some states keep pressing an unconvincing theory to block the merger. Why not view it as making a viable third national competitor which will benefit consumers across the country?
The Unconstitutionality of the FCC’s Leased Access Rules
Monday July 22, ICLE filed a regulatory comment arguing the leased access requirements enforced by the FCC are unconstitutional compelled speech that violate the First Amendment.
Merger Lore: Dispelling the Myth of the Maverick
The idea of the maverick firm requires that the firm play a critical role in the market. The maverick must be the firm that outflanks coordinated action or acts as a bulwark against unilateral action. By this loosey goosey definition of maverick, a single firm can make the difference between success or failure of anticompetitive behavior by its competitors.
Should Patent Hold-Out Concerns Trump Patent Hold-Up Misgivings?
Over the last few years competition authorities in the US and elsewhere have repeatedly warned about the risk of patent hold-up in the licensing of Standard Essential Patents (SEPs). . . .
The Third Circuit’s Oberdorf v. Amazon Opinion Offers a Good Approach to Reining in the Worst Abuses of Section 230
In a remarkable ruling issued earlier this month, the Third Circuit Court of Appeals held in Oberdorf v. Amazon that, under Pennsylvania products liability law, Amazon could be found liable for a third party vendor’s sale of a defective product via Amazon Marketplace.
There’s Nothing “Conservative” About Trump’s Views on Free Speech and the Regulation of Social Media
Despite the simplistic narrative tying President Trump’s vision of the world to conservatism, there is nothing conservative about his views on the First Amendment and how it applies to social media companies.