Barely two years after enactment of the first major patent reform legislation in years, serious concerns remain that the patent system, particularly as applied to software, is characterized by wasteful litigation that ultimately is harmful to innovation. Major complaints involve patent assertion entities (PAEs), also known as patent trolls. In response, the Federal Trade Commission has held workshops and issued reports, and the White House has proposed a number of administrative and legislative actions. Congress is poised to act, with a half dozen bills pending.
Antitrust and Competition
Economic analysis of markets is a core part of what we do. Our research has focused on mergers, vertical integration, and global competition policy. Our experts have deep experience in competition policy.
Press Releases
Updated Event Agenda- Competition, Net Neutrality and Other Issues Facing the New FCC
The incoming Federal Communications Commission Chairman and new Commissioner, along with the existing members, will need to take action on a host of major issues. The Commission will have to make decisions about net neutrality regardless of how the court rules, navigate competing interests in the upcoming spectrum auctions, and determine how to address competition, to name a few.
Press Releases
Event Reminder- Competition, Net Neutrality and Other Issues Facing the New FCC
The incoming Federal Communications Commission Chairman and new Commissioner, along with the existing members, will need to take action on a host of major issues. The Commission will have to make decisions about net neutrality regardless of how the court rules, navigate competing interests in the upcoming spectrum auctions, and determine how to address competition, to name a few.
Research Papers
Articulating A Modern Approach to FCC Competition Policy
The FCC has taken three different competition policy approaches: the classic role of regulating terms and conditions of sale, the modern role of using various tools to create largely deregulated, multi-firm, competitive markets, and the laissez-faire approach of believing that unregulated markets, even if monopolized, will produce the best outcome. For the most part, a light-handed modern role has proven successful. The FCC should adopt such an approach going forward with a classic regulatory role as a backstop, and it should articulate clearly its competition policy framework so that firms can understand the rules and compete to provide service to customers in a procompetitive manner.
Press Releases
FTC did the right thing on Google
After investigating Google’s search practices for almost two years, the Federal Trade Commission and its staff undoubtedly wanted more than the few voluntary modifications to which Google has agreed. But the Commission demonstrated its professionalism by concluding that the evidence did not support bringing an antitrust case and that no additional remedy was likely to benefit consumers.