March-Right-on-In Rights?
The National Institute for Standards and Technology (NIST) published a request for information (RFI) in December 2023 on its “Draft Interagency Guidance Framework for Considering . . .
March-Right-on-In Rights?
ICLE’s Amicus Briefs on the Future of Online Speech
Over the past few months, we at the International Center for Law & Economics (ICLE) have endeavored to bring the law & economics methodology to . . .
Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation
Under the Bayh-Dole Act, the federal government has the right to “march in” on patents on inventions created using taxpayer funds—to require the patentholder to . . .
The FTC’s Misguided Campaign to Expand Bayh-Dole ‘March-In’ Rights
The Federal Trade Commission (FTC) has now gone on record in comments to the National Institute of Standards and Technology (NIST) that it supports expanded “march-in rights” . . .
Are Early-Termination Fees ‘Junk’ Fees?
Cable and satellite companies often get a bad rap for early termination fees (ETFs). Consumer advocates portray them as “junk fees” or billing traps meant . . .
The Curious Case of the Missing Data Caps Investigation
In an announcement that was treated to mild fanfare (meaning it was reported by certain tech blogs, but largely ignored elsewhere), Federal Communications Commission (FCC) . . .
The WHO’s Insufficient Curiosity and Humility
Five months from now, health ministers from the 194 sovereign states recognized by the United Nations (UN) will meet in Geneva to discuss and possibly . . .
How the FTC’s Amazon Case Gerrymanders Relevant Markets and Obscures Competitive Processes
As Greg Werden has noted, the process of defining the relevant market in an antitrust case doesn’t just finger which part of the economy is allegedly . . .
What Do We Do with Presumptions in Antitrust?
Winter was coming, as it does. We knew the agencies were going to issue new merger guidelines, and then they did. On Dec. 18, 2023, . . .