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.
American drug prices are among the highest in the world, the result of a long pattern of anticompetitive tactics in the highly concentrated pharmaceuticals market.
I’ve been litigating this and a prior case against the FCC seeking to halt its ongoing “incentive spectrum auction” on behalf of low-power television (LPTV) clients like religious broadcasters. It’s a bit arcane with the terminology, but you’ll get the gist.
It may be time for the creation of a new kind of worker status, one that provides a middle ground between contract worker and employee. Let’s hope the policymakers listen so that we can keep ride-sharing services and their drivers on this better course.
Three recent speeches by Obama Administration officials provide key insights into the rather conflicted view of current policymakers on the appropriate role of competition regulation in today’s age of digital-fueled disruption.
It is time to take a close look at the classic approach to labor law in America and decide whether the sharing economy should be sacrificed to an ideal from the Great Depression or whether labor laws fashioned then should be updated for today’s post-Great Recession and global economy.
The anticompetitive effects of vertical integration by cable systems have now reached crisis proportions with the ongoing refusal — already more than five months old and with no end in sight — of Time Warner to license Los Angeles Dodgers baseball games for cable or satellite distribution, or local broadcast, on any network other than its own SportsNet LA programming channel.
There’s a famous old political adage — “where you stand is where sit” (also known as Miles’ Law) — meaning basically that government policy positions are dictated more by agency imperative and institutional memory than objective consideration of the public interest. A related concept is “regulatory capture,” where administrative agencies over time become defenders of the status quo and pursue objectives more for regulated firms […]
The legal process is increasingly being used by incumbent industries to thwart change with that ancient mantra of obsolescent businesses, “consumer protection.”
Tesla is going to have to slog through a long and extremely expensive 50-state battle against archaic dealer-protection laws to implement its business model. Wish them luck.