June 2018

Let’s Get Vertical

In the wake of the government’s setback in the AT&T/Time Warner case, it’s natural enough to ask: what will be that case’s impact on the government’s ability to challenge vertical mergers in the future? I think the answer is “very little if anything.” The government could take steps to build an even stronger foundation for the review of vertical mergers in the future. Here are some suggestions. First, the current 1984 guidelines on the treatment of vertical (technically, non-horizontal) transactions should be withdrawn. Second, new vertical guidelines should be created.

Cities, the FCC and Gigabit Networks

The federal government is recognizing what cities and those of us here in 2013 already knew: that our policies should ensure that bandwidth never constrains economic growth or social progress. Unfortunately, one thing hasn’t changed; the federal government’s view of its own role in helping achieve that goal.  It is: 1) Make cities do all the hard work, pay all the government costs and accept all the blame for whatever happens; and 2) Let the federal government pay none of the costs, do none of the hard work, and take all the credit.

Federal officials struggle to drag political ad rules into the internet age

During a daylong public hearing, the Federal Election Commission’s four remaining commissioners — two seats are vacant because President Donald Trump hasn’t appointed anyone to fill them — couldn’t find consensus on how to best drag federal political ad regulations into the Internet age. “I don’t think we’ve gotten very far,” FEC Chairwoman Caroline Hunter, a Republican, said two hours into the hearing, which featured testimony from 12 representatives of think tanks, activist groups and legal organizations.