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Senator Lee’s prescription for regulatory failure in the generic drug market
Brand drug manufacturers are no strangers to antitrust accusations when it comes to their complicated relationship with generic competitors — most obviously with respect to reverse payment settlements....
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Online Privacy Regulation: A Tale of Two U.S. Agencies (and Some Foreign...
In recent years much ink has been spilled on the problem of online privacy breaches, involving the unauthorized use of personal information transmitted over the Internet. Internet privacy concerns are...
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Time to Repeal the FTC’s Common Carrier Jurisdictional Exemption (Among Other...
Section 5(a)(2) of the Federal Trade Commission (FTC) Act authorizes the FTC to “prevent persons, partnerships, or corporations, except . . . common carriers subject to the Acts to regulate commerce ....
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FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by...
Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us outside the Commission has...
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Speaking at events next week on privacy/data security and merger enforcement
I’ll be participating in two excellent antitrust/consumer protection events next week in DC, both of which may be of interest to our readers: 5th Annual Public Policy Conference on the Law &...
View ArticleStrong Patent Protection Promotes Strong Economies
In her distinguished tenure as a Commissioner and as Acting Chairman of the FTC, Maureen Ohlhausen has done an outstanding job in explaining the tie between robust patent protection and economic growth...
View ArticleThe FTC should address how (and whether) it assesses causation as it looks to...
The FTC will hold an “Informational Injury Workshop” in December “to examine consumer injury in the context of privacy and data security.” Defining the scope of cognizable harm that may result from the...
View ArticleAn ambitious AG, a disgruntled competitor, and the contrived antitrust case...
The populists are on the march, and as the 2018 campaign season gets rolling we’re witnessing more examples of political opportunism bolstered by economic illiteracy aimed at increasingly unpopular big...
View ArticleThe destiny of telecom regulation is antitrust
This week the FCC will vote on Chairman Ajit Pai’s Restoring Internet Freedom Order. Once implemented, the Order will rescind the 2015 Open Internet Order and return antitrust and consumer protection...
View ArticleFor LabMD, the Devil Is in the Not-So-Well Specified Details
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...
View ArticleMore Evidence Against the Common Ownership Problem
I posted this originally on my own blog, but decided to cross-post here since Thom and I have been blogging on this topic. “The U.S. stock market is having another solid year. You wouldn’t know it by...
View ArticleReflections on the recent filings in Qualcomm/FTC dispute
On Monday, the U.S. Federal Trade Commission and Qualcomm reportedly requested a 30 day delay to a preliminary ruling in their ongoing dispute over the terms of Qualcomm’s licensing...
View ArticleUse and abuse of bargaining models in antitrust: AT&T/Time-Warner and FTC v....
[TOTM: The following is the second in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case, currently awaiting decision by Judge Lucy Koh in the Northern District of California....
View ArticleBalancing competition and innovation in the drug industry: An evaluation of...
Last week the Senate Judiciary Committee held a hearing, Intellectual Property and the Price of Prescription Drugs: Balancing Innovation and Competition, that explored whether changes to the...
View ArticleFTC v. Qualcomm: Innovation and Competition
[TOTM: The following is the first in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case, currently awaiting decision by Judge Lucy Koh in the Northern District of California. The...
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An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May...
[TOTM: The following is the fourth in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case, currently awaiting decision by Judge Lucy Koh in the Northern District of California....
View ArticleA Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris
[TOTM: The following is the fifth in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case, currently awaiting decision by Judge Lucy Koh in the Northern District of California. The...
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The District Court’s FTC v. Qualcomm Decision Rests on Impermissible...
Last week the International Center for Law & Economics (ICLE) and twelve noted law and economics scholars filed an amicus brief in the Ninth Circuit in FTC v. Qualcomm, in support of appellant...
View ArticleWhat’s the Harm of Targeted Ads on Children’s Content Anyway?
The FTC’s recent YouTube settlement and $170 million fine related to charges that YouTube violated the Children’s Online Privacy Protection Act (COPPA) has the issue of targeted advertising back in...
View ArticleICLE Files COPPA Review Comments Arguing the FTC Should Repeal the 2013...
Today, I filed a regulatory comment in the FTC’s COPPA Rule Review on behalf of the International Center for Law & Economics. Building on prior work, I argue the FTC’s 2013 amendments to the COPPA...
View ArticleWhy the FTC had to Abandon the Duty to Deal Argument Against Qualcomm
On November 22, the FTC filed its answering brief in the FTC v. Qualcomm litigation. As we’ve noted before, it has always seemed a little odd that the current FTC is so vigorously pursuing this case,...
View ArticleExclusionary Pricing Without the Exclusion: Unpacking Qualcomm’s No License,...
Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it...
View ArticleManne and Auer’s Defense of Qualcomm’s Licensing Policy Is Deeply Flawed
[This guest post is authored by Mark A. Lemley, Professor of Law and the Director of Program in Law, Science & Technology at Stanford Law School; A. Douglas Melamed, Professor of the Practice of...
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Is FRAND Litigation a Credible Threat?: A reply to Mark Lemley, Douglas...
Last week, we posted a piece on TOTM, criticizing the amicus brief written by Mark Lemley, Douglas Melamed and Steven Salop in the ongoing Qualcomm litigation. The authors prepared a thoughtful...
View ArticleThe Facts Show That No License/No Chips Was A Successful Policy, Not an Empty...
[This guest post is authored by Mark A. Lemley, Professor of Law and the Director of Program in Law, Science & Technology at Stanford Law School; A. Douglas Melamed, Professor of the Practice of...
View ArticleDebating the FTC v Qualcomm Amicus Brief, a Summary
Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it...
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Announcing the TOTM Symposium on the 2020 Draft Joint Vertical Merger Guidelines
Truth on the Market is pleased to announce its next blog symposium: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020...
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Welcome to the TOTM Blog Symposium on the 2020 Draft Joint Vertical Merger...
The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020 Welcome! We’re delighted to kick off our two-day blog symposium on the...
View ArticleHovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Herbert Hovenkamp...
View ArticleNuechterlein: Guidelines without Guidance on Vertical Mergers
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Jonathan E....
View ArticleSlade: The Draft Vertical Merger Guidelines Are a Step in the Right...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Margaret E. Slade...
View ArticleWright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Joshua D. Wright...
View ArticleWerden and Froeb: The Conspicuous Silences of the Proposed Vertical Merger...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Gregory J. Werden...
View ArticleJacobson: Vertical Mergers 2020 — A Missed Opportunity to Clarify Merger...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Jonathan M....
View ArticleBrennan: Guidance on Enforcement Against “Pure” Vertical Mergers: It’s...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Timothy J....
View ArticleCernak: Who Bears the Burden on Elimination of Double Marginalization in the...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Steven J. Cernak...
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Fruits: Messy Mergers and Muddled Guidelines (Or, “Orange You Glad I Didn’t...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Eric Fruits (Chief...
View ArticlePozen: The Missed Opportunity for International Harmonization in the Draft...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Sharis Pozen...
View ArticleSher: Implications of the Draft Vertical Merger Guidelines for Vertical...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Scott Sher...
View ArticleWhite: The Missing Market Definition Standard in the Draft Vertical Guidelines
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Lawrence J. White...
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Manne & Stout 1: The Illogic of a Contract/Merger Equivalency Assumption in...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Geoffrey A. Manne...
View ArticleManne & Stout 2: Against Incorporating a Contract/Merger Equivalency...
In our first post, we discussed the weaknesses of an important theoretical underpinning of efforts to expand vertical merger enforcement (including, possibly, the proposed guidelines): the...
View ArticleSymposium Wrap Up: The 2020 Draft Joint Vertical Merger Guidelines: What’s...
Last Thursday and Friday, Truth on the Market hosted a symposium analyzing the Draft Vertical Merger Guidelines from the FTC and DOJ. The relatively short draft guidelines provided ample opportunity...
View ArticleThe FTC Still Has a Long Way to Go on its “Common Law” of Data Security
Since the LabMD decision, in which the Eleventh Circuit Court of Appeals told the FTC that its orders were unconstitutionally vague, the FTC has been put on notice that it needs to reconsider how it...
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How Will the Application of Antitrust Law Change During the Coronavirus Crisis?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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The Covidien/Newport Merger: Killer Acquisition or Just a Killer Story?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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Privacy in the Time of Covid-19
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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Cooperation, Competition, and COVID-19
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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Let’s (NOT) Stop All the Mergers: The Case for Letting the Agencies Do Their...
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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Congress Considers Privacy in the Context of COVID-19 and Gets it All Wrong
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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