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Democratic Party “Better Deal” Antitrust Proposals Would be a “Worse Deal” for the American Economy and Consumers

On July 24, as part of their newly-announced “Better Deal” campaign, congressional Democrats released an antitrust proposal (“Better Deal Antitrust Proposal” or BDAP) entitled “Cracking Down on Corporate Monopolies and the Abuse of Economic and Political Power.”  Unfortunately, this antitrust tract is really an “Old Deal” screed that rehashes long-discredited ideas about “bigness is badness” and “corporate abuses,” untethered from serious economic analysis.  2,008 more words

Antitrust

Congressional Review Act Should Be Used to Strike Down Ill-Advised CFPB Arbitration Rule

On July 10, the Consumer Financial Protection Bureau (CFPB) announced a new rule to ban financial service providers, such as banks or credit card companies, from using mandatory arbitration clauses to deny consumers the opportunity to participate in a class action (“Arbitration Rule”).  682 more words

Regulation

Introducing TOTM's newest blogger and ICLE's new chief economist, Eric Fruits

We’re delighted to welcome Eric Fruits as our newest blogger at Truth on the Market.

Eric Fruits, Ph.D. is the Oregon Association of Realtors Faculty Fellow at Portland State University and the recently minted Chief Economist at the International Center for Law & Economics. 209 more words

Truth On The Market

The Demise of Lanham Act Trademark Disparagement Limitations Promotes Sound Free Market Economic Principles

  1. Background

On June 19, in Matal v. Tam, the U.S. Supreme Court (Justice Gorsuch did not participate in the case) affirmed the Federal Circuit’s ruling that the Lanham Act’s “disparagement clause” is unconstitutional under the First Amendment’s free speech clause.   884 more words

Truth On The Market

A Comprehensive Overview (and Sound Analysis) of the Law and Economics of FRAND Litigation, Here and Abroad

Too much ink has been spilled in an attempt to gin up antitrust controversies regarding efforts by holders of “standard essential patents” (SEPs, patents covering technologies that are adopted as part of technical standards relied upon by manufacturers) to obtain reasonable returns to their property. 1,068 more words

Antitrust