The Supreme Court upholds freedom of contract in American Express v Italian...
[The following is a guest post by Thomas McCarthy on the Supreme Court’s recent Amex v. Italian Colors Restaurant decision. Tom is a partner at Wiley Rein, LLP and a George Mason Law grad. He is/was...
View ArticleConstitutional Dynamism: Responding to Tim Wu on “Machine Speech”,...
William Buckley once described a conservative as “someone who stands athwart history, yelling Stop.” Ironically, this definition applies to Professor Tim Wu’s stance against the Supreme Court applying...
View ArticleWhy the Supreme Court’s Aereo Decision Protects Creators Without Endangering...
Yesterday, the Supreme Court released its much-awaited decision in ABC v. Aereo. The Court reversed the Second Circuit, holding that Aereo directly infringed the copyrights of broadcast television...
View ArticleHow the Court’s “looks-like-cable-tv” test in Aereo protects the cloud
In our blog post this morning on ABC v. Aereo, we explain why, regardless of which test applies (the majority’s “looks-like-cable-TV” test or the dissent’s volitional conduct test), Aereo infringes on...
View ArticleThe latest round in the “product-hopping” battle
Thanks to the Truth on the Market bloggers for having me. I’m a long-time fan of the blog, and excited to be contributing. The Third Circuit will soon review the appeal of generic drug manufacturer,...
View ArticleICLE 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...
View ArticleKolasky 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...
View ArticleEpstein on the Apple e-books case: The hidden traps in the Apple ebook case
On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to...
View ArticleAbbott on the Apple e-books case: Apple v. United States and antitrust error...
As Judge (and Professor) Frank Easterbrook famously explained over three decades ago (in his seminal article The Limits of Antitrust), antitrust is an inherently limited body of law. In crafting and...
View ArticleJacobson on the Apple ebooks case: It is hard to find an easier antitrust...
by Jonathan Jacobson Try as one may, it is hard to find an easier antitrust case than United States v. Apple. Consider: The six leading publishers all wanted to prevent Amazon and others from offering...
View ArticleManne on the Apple e-books case: The Second Circuit’s decision has no support...
As ICLE argued in its amicus brief, the Second Circuit’s ruling in United States v. Apple Inc. is in direct conflict with the Supreme Court’s 2007 Leegin decision, and creates a circuit split with the...
View ArticleAlbanese on the Apple e-books case: Apple’s Anticlimactic Appeal
By Andrew Albanese In October of last year, I had the chance to interview Hachette CEO Arnaud Nourry from the stage at the Frankfurt Book Fair, and I asked him whether his 2009 concerns that low e-book...
View ArticleHylton on the Apple e-books case: The central importance of the Court’s...
For a few months I have thought that the Apple eBooks case would find an easy fit within the Supreme Court’s antitrust decisions. The case that seems closest to me is Business Electronics v. Sharp...
View ArticleBalto on the Apple e-books case: Skip the (Apple) appetizer and get to the...
The “magic” of Washington can only go so far. Whether it is political consultants trying to create controversy where there is basic consensus, such as in parts of the political campaign, or the earnest...
View ArticleDay two of TOTM’s blog symposium on the Apple e-books antitrust case
The Apple E-Books Antitrust Case: Implications for Antitrust Law and for the Economy — Day 2 February 16, 2016 truthonthemarket.com We will have a few more posts today to round out the Apple e-books...
View ArticleSagers on the Apple e-books case: Why does everybody hate competition so much?
By Chris Sagers United States v. Apple has fascinated me continually ever since the instantly-sensational complaint was made public, more than three years ago. Just one small, recent manifestation of...
View ArticleHazlett on the Apple e-books case: The Apple case is a throwback to Dr....
By Thomas Hazlett The Apple e-books case is throwback to Dr. Miles, the 1911 Supreme Court decision that managed to misinterpret the economics of competition and so thwart productive activity for over...
View ArticleReed on the Apple e-books case: “We can remember it for you wholesale” – why...
By Morgan Reed In Philip K. Dick’s famous short story that inspired the Total Recall movies, a company called REKAL could implant “extra-factual memories” into the minds of anyone. That technology may...
View ArticleKolasky (2) on the Apple e-books case: Coordination, even horizontal...
By William Kolasky Jon Jacobson in his initial posting claims that it would be “hard to find an easier case” than Apple e-Books, and David Balto and Chris Sagers seem to agree. I suppose that would be...
View ArticleICLE urges Supreme Court to review DC Circuit decision in Open Internet Order...
Today the International Center for Law & Economics (ICLE) submitted an amicus brief urging the Supreme Court to review the DC Circuit’s 2016 decision upholding the FCC’s 2015 Open Internet Order....
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