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An update on the evolving e-book market: Kindle edition (pun intended)
[UPDATE: Josh links to a WSJ article telling us that EU antitrust enforcers raided several (unnamed) e-book publishers as part of an apparent antitrust investigation into the agency model and whether...
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Europe Should Let Competition Run Its Course In Motorola Patent Dispute
On Tuesday the European Commission opened formal proceedings against Motorola Mobility based on its patent licensing practices surrounding some of its core cellular telephony, Internet video and Wi-fi...
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The procompetitive story that could undermine the DOJ’s e-books antitrust...
Did Apple conspire with e-book publishers to raise e-book prices? That’s what DOJ argues in a lawsuit filed yesterday. But does that violate the antitrust laws? Not necessarily—and even if it does,...
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UMG-EMI Deal Is No Threat To Innovation In Music Distribution
By Geoffrey Manne and Berin Szoka Everyone loves to hate record labels. For years, copyright-bashers have ranted about the “Big Labels” trying to thwart new models for distributing music in terms that...
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Why I think the government will have a tough time winning the Apple e-books...
Trial begins today in the Southern District of New York in United States v. Apple (the Apple e-books case), which I discussed previously here. Along with co-author Will Rinehart, I also contributed an...
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Why I think the Apple e-books antitrust decision will (or at least should) be...
On July 10 a federal judge ruled that Apple violated antitrust law by conspiring to raise prices of e-books when it negotiated deals with five major publishers. I’ve written on the case and the issues...
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Why the ITC is actually a good place to adjudicate standard-essential patents
Over at Law360 I have a piece on patent enforcement at the ITC (gated), focusing on the ITC’s two Apple-Samsung cases: one in which the ALJ found (and the Commission affirmed) Apple to have infringed...
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Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in...
Over at the blog for the Center for the Protection of Intellectual Property, Richard Epstein has posted a lengthy essay that critiques the Obama Administration’s decision this past August 3 to veto the...
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The FTC doubles down on its egregious product design enforcement with a...
The Wall Street Journal reports this morning that Amazon is getting — and fighting — the “Apple treatment” from the FTC for its design of its in-app purchases: Amazon.com Inc. is bucking a request from...
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The FTC’s in-app purchasing complaint against Amazon reflects its flawed, per...
Today the FTC filed its complaint in federal district court in Washington against Amazon, alleging that the company’s in-app purchasing system permits children to make in-app purchases without parental...
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Joshua Wright, Martin Gaynor and Past FTC Officials to Speak at ICLE Event on...
The Federal Trade Commission’s recent enforcement actions against Amazon and Apple raise important questions about the FTC’s consumer protection practices, especially its use of economics. How does the...
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Microsoft’s Android Anathema
Microsoft wants you to believe that Google’s business practices stifle competition and harm consumers. Again. The latest volley in its tiresome and ironic campaign to bludgeon Google with the same...
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Debunking the Myth of a Data Barrier to Entry for Online Services
Recent years have seen an increasing interest in incorporating privacy into antitrust analysis. The FTC and regulators in Europe have rejected these calls so far, but certain scholars and activists...
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The 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning
On Thursday I will be participating in an ABA panel discussion on the Apple e-books case, along with Mark Ryan (former DOJ attorney) and Fiona Scott-Morton (former DOJ economist), both of whom were key...
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Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement
by Berin Szoka, President, TechFreedom Josh Wright will doubtless be remembered for transforming how FTC polices competition. Between finally defining Unfair Methods of Competition (UMC), and his...
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ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit...
Today the International Center for Law & Economics (ICLE) submitted an amicus brief to the Supreme Court of the United States supporting Apple’s petition for certiorari in its e-books antitrust...
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Apple Responds to the DOJ e-Books Complaint
Apple has filed its response to the DOJ Complaint in the e-books case. Here is the first paragraph of the Answer: The Government’s Complaint against Apple is fundamentally flawed as a matter of fact...
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The Second Circuit Misapplies the Per Se Rule in U.S. v. Apple
In its June 30 decision in United States v. Apple Inc., a three-judge Second Circuit panel departed from sound antitrust reasoning in holding that Apple’s e-book distribution agreement with various...
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Blog symposium on the Apple e-books antitrust case: Implications for...
The Apple E-Books Antitrust Case: Implications for Antitrust Law and for the Economy February 15, 2016 truthonthemarket.com The appellate court’s 2015 decision affirming the district court’s finding of...
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Kolasky on the Apple e-books case: Another reminder that “easy labels do not...
By William Kolasky In my view, the Second Circuit’s decision in Apple e-Books, if not reversed by the Supreme Court, threatens to undo a half century of progress in reforming antitrust doctrine. In...
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