Antitrust Law

The Internet: To Regulate, or Not to Regulate - Podcast

Telecommunications & Electronic Media Practice Group Podcast
John Bergmayer, Randolph J. May February 21, 2014

FCC logoOn January 14, 2014, the United States Court of Appeals for the District of Columbia Circuit issued its decision in Verizon v. FCC, the case regarding the Federal Communications Commission’s Open Internet Order. The decision leaves the door open for the FCC’s regulation of the internet, but strikes down certain provisions of the Order, leaving many to wonder what the future holds for innovation, experimentation, and competition in the online marketplace.

While the court did not unequivocally uphold the Commission’s net neutrality protections, it recognized the FCC’s authority to regulate broadband internet service and access under Section 706 of the Telecommunications Act of 1996, and found that open internet requirements would promote deployment. Specifically, it found support for the Commission’s conclusion that absent open internet requirements, “broadband providers represent a threat to Internet openness and could act in ways that would ultimately inhibit the speed and extent of future broadband deployment.” The court also deferred to the FCC’s finding that broadband providers have the ability to impose restrictions on edge providers’ conduct, particularly given end users’ inability to immediately respond to ISPs’ activities in this regard. Nonetheless, the court vacated and remanded the non-discrimination and no-blocking requirements adopted in the Order on the basis that they improperly constitute common carriage regulation of broadband services, but left in place the FCC’s transparency (i.e., disclosure) requirements.

Randy May and John Bergmayer held a spirited discussion about this landmark decision.


  • John Bergmayer, Senior Staff Attorney, Public Knowledge
  • Randolph J. May, President, The Free State Foundation

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Is IP Property or Government-Conferred Monopoly? - Event Audio/Video

16th Annual Faculty Conference
Gregory Dolin, Irina D. Manta, David S. Olson, Adam Mossoff, Randy E. Barnett January 09, 2014

Is IP Property or Government-Conferred Monopoly? - Event Audio/VideoThe Federalist Society's Faculty Division hosted a panel discussion that asked "Is IP Property or Government-Conferred Monopoly?" on Friday, January 3, 2014, during the 16th Annual Faculty Conference.

Panel 1: Is IP Property or Government-Conferred Monopoly? 
Kent/Surrey Room 
1:00 - 2:45 p.m.

  • Prof. Greg Dolin, University of Baltimore School of Law
  • Prof. Irina Manta, Hofstra University School of Law
  • Prof. David Olson, Boston College Law School
  • Prof. Adam Mossoff, George Mason University School of Law
  • Moderator: Prof. Randy Barnett, Georgetown University Law Center

Warwick New York Hotel
New York NY

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'New' Antitrust Enforcement Authority under the FTC Act: Defensible Statutory Interpretation or Plumbing the Penumbras? - Event Audio/Video

2013 National Lawyers Convention
David Balto, Thomas O. Barnett, F. Scott Kieff, Maureen K. Ohlhausen, J. Thomas Rosch, Stephen F. Williams November 20, 2013

'New' Antitrust Enforcement Authority under the FTC Act: Defensible Statutory Interpretation or Plumbing the Penumbras? - Event Audio/VideoIs the antitrust enforcement authority of the Federal Trade Commission, proceeding under the FTC Act, broader than that of other litigants – whether private plaintiffs or the Department of Justice – proceeding under the Sherman Act?  Section 5 of the FTC Act prohibits “unfair methods of competition in or affecting commerce” – language which some have interpreted as equivalent in scope with parallel provisions of the Sherman Act.  As recent Supreme Court decisions have appeared to narrow the scope of the Sherman Act, however, the FTC has moved in the opposite direction.  In addition to the Valassis and U-Haul “invitation to collude” cases (a cause of action not recognized under the Sherman Act), the FTC has pursued so-called “Sherman Act plus” antitrust actions against N-Data and Intel.  Is this seeming divergence between FTC Act and Sherman Act enforcement authority legally defensible?  What are its broader policy implications?

The Corporations, Securities & Antitrust Practice Group hosted this panel on "'New' Antitrust Enforcement Authority under the FTC Act" on Thursday, November 14, during the 2013 National Lawyers Convention.

Corporations: 'New' Antitrust Enforcement Authority under the FTC Act: Defensible Statutory Interpretation or Plumbing the Penumbras?
12:00 p.m. – 2:00 p.m.

East Room

  • Mr. David A. Balto, David A. Balto Law Offices; Program Fellow, Health Policy Program, New America Foundation
  • Mr. Thomas O. Barnett, Partner, Covington & Burling LLP
  • Hon. F. Scott Kieff, Commissioner, U.S. International Trade Commission
  • Hon. Maureen, K. Ohlhausen, Commissioner, Federal Trade Commission
  • Mr. J. Thomas Rosch, Of Counsel, Latham & Watkins LLP
  • Moderator: Hon. Stephen F. Williams, United States Court of Appeals, District of Columbia Circuit

Mayflower Hotel
Washington, DC

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