A conversation about the history of antitrust law, the consumer welfare standard, and the tech giants.
Facebook, Amazon, Apple, Netflix, and Google provide extremely valuable products and services, but their size, market share, and other concerns such as user privacy have led to concerns that they are wielding too much power.
Proponents of “populist” or “hipster” antitrust advocate for limiting the size of firms. This would require changing the Consumer Welfare Standard, which has been in place since the 1970’s.
Mark Zuckerburg’s testimony before Congress in April 2018 ignited a public debate about whether and how tech companies should be regulated. That debate continues and shows no signs of resolution.
Is it time to revisit the standards used in antitrust law? Our experts explore.Watch this video
Founded by Caleb Cook in 2001 and run today with his wife Lois, America’s Phone Guys provides telecommunications and VoIP phone services to businesses in and around the Portland, Oregon metro area. As a home-based business, they encounter a complex web of regulatory requirements and grapple with the compliance burdens caused by the accumulation of individual federal, state, and local regulations.
In this Fourth Branch video, Cary Coglianese (University of Pennsylvania Law School) and Luke A. Wake (NFIB Small Business Legal Center) join Caleb and Lois to explore this web — dubbed the “regulatory thicket” by some. What does the regulatory thicket look like in practice? How does it affect small business owners, their employees, and their customers? Taken as a whole, are the benefits of multiple layers of regulation worth the costs?Watch this video
Do home-sharing platforms like Airbnb need more regulation to protect consumers and the safety of local communities? How can the interests of private property owners, consumers, and small businesses be balanced? What might an optimal level of regulation look like, and who decides?
In this Fourth Branch video, Gwendolyn Smith (Grandview Bed & Breakfast), Matthew Feeney (Cato Institute), and Pete Clarke (Retired Commissioner, Orange County, FL) explore the legal and regulatory questions that have accompanied the rise of home-sharing platforms.Watch this video
In 2013, the U.S. Department of Justice decided to investigate banks across the country, looking into the business they did with payday lenders. While payday loans are controversial, they are legal in most circumstances. Proponents of this campaign celebrate the push as crucial for consumer protection. Critics claim it sets a dangerous precedent by unfairly targeting lawful businesses. Jamie Fulmer (Advance America), Chris Peterson (The University of Utah), and Brian Knight (Mercatus Center) explore the questions behind “Operation Choke Point”.Watch this video
What is the Clean Water Act? Have historical interpretations of its scope changed over the years? What are the practical effects of those interpretations on the environment, farmers, and landowners? How is this issue relevant today? Donald Kochan and Robert Glicksman explore these questions as they discuss the scope of the Clean Water Act.Watch this video
Does the Patent Trial and Appeal Board (PTAB) review process influence how markets respond to patents? Can the PTAB be abused by those looking to profit off of the review process? Saurabh Vishnubhakat, Associate Professor of Law, Texas A&M University School of Law, weighs in on these questions.Watch this video
What are the boundaries of a patent? What factors are involved when determining patent quality? Saurabh Vishnubhakat, Associate Professor of Law, Texas A&M University School of Law, discusses these questions and elaborates on three types of patent quality: technological, economic, and legal value.Watch this video
Adam Mossoff, Professor of Law, Antonin Scalia Law School, describes how the Founding Fathers viewed a patent system based on property rights as crucial to the creation and preservation of a flourishing innovation economy.Watch this video
Gregory McNeal is the Chairman of RTP’s IT & Emerging Technology working group and Professor of Law and Public Policy, Pepperdine University. In this short video, he discusses the crucial importance of emerging technologies to human progress and how regulations influence the development of these innovative and transformative ventures.Watch this video
Josh Malone, inventor of Bunch O Balloons, describes his struggle to enforce the patents for Bunch O Balloons. Is Josh’s experience typical for US inventors? Is the process of protecting one’s invention straightforward? How might this process be improved? A number of intellectual property experts join Josh in elaborating on these questions.Watch this video