How to CREATE Generic Pharma Competition

How to CREATE Generic Pharma Competition

By harnessing the business incentives of generic drug firms to limit the anticompetitive power of branded pharma­ceutical patent holders, the CREATES Act represents a straight-forward solution to a market failure created by exploitation of legal loopholes in drug industry regulation. It is a remedy that should be strongly supported by the White House and enacted by the new Congress.

Does the OS Want To Be Free?

Does the OS Want To Be Free?

When Google’s proposed acquisition of Motorola Mobility was announced in 2011, the business press focused mainly on the extension of Google’s core business from Internet search into hardware. But from a legal perspective, the treatment given the deal by competition authorities in the United States, the EU and China raises intriguing questions about the scope and objectives of merger policy in emerging technology markets.

Technology and the Supreme Court

Technology and the Supreme Court

It is rare that the justices of the Supreme Court of the United States actually write or speak about technology. But as connectivity and user-generated content become more ubiquitous and pervasive, sometimes the Court — despite its inherent judicial conservatism — just can’t avoid touching on issues related to the use, importance and legal status of modern communications technologies.

Toward a Viable Legal Theory For Net Neutrality

Toward a Viable Legal Theory For Net Neutrality

The modest few “open internet” rules FCC Chairman Genachowski has suggested are so trivial that, like all good policy compromises, they have angered both the left and the right. The far more important issue is the legal framework under which the Commission will support net neutrality regulation.

Why Net Neutrality Rules and Broadband “Third Way” Reclassification Are Unnecessary and Unlawful

Why Net Neutrality Rules and Broadband “Third Way” Reclassification Are Unnecessary and Unlawful

The highly polarized debate over so-called net neutrality at the Federal Communications Commission (FCC) exposes serious philosophical differences about the appropriate role of government in managing technological change. Neither side is unfortunately free either from hyperbole or fear-mongering. And neither side is completely right.

Sizing Up the FCC’s Controversial “National Broadband Plan”

Sizing Up the FCC’s Controversial “National Broadband Plan”

Release of Release of the FCC’s “National Broadband Plan” marks the start of what is likely to be a long and hotly debated implementation process, as the plan pits the interests of different industry segments against one other and tests the limits of the FCC’s regulatory authority.