The scarcity of wireless spectrum reflects a costly failure of regulation. In practice, large swaths of spectrum are vastly underused or used for low value activities, but the regulatory system prevents innovative users from gaining access to such spectrum through marketplace transactions. In...

This essay offers a roadmap for bringing and deciding predatory pricing cases under the Supreme Court's restrictive Brooke Group decision. Brooke Group requires a plaintiff to show that the defendant set a price below cost and had a sufficient likelihood of recouping its investment in predation....

In the aftermath of the Great Recession in 2008-09, the structure and economics of the legal profession continue to change. For law schools, the earlier era was one where admissions decisions could be made solely on quantitative credentials (GPA and LSAT), career development consisted largely of...

On August 24-25, 2011, Silicon Flatirons convened a roundtable to discuss the role of multistakeholder organizations. The unique characteristics of the Internet - its openness, its global interconnectedness, its decentralized nature, the interrelationships among the "layers" that comprise it -...

On May 5, 2009, the Silicon Flatirons Center and the Information Technology & Innovation Foundation (ITIF) brought together leading individuals from the telecommuications industry, academia, and public interest community to discuss the state of broadband competition policy

The success of airline deregulation challenged the claims of public choice theory, which asserts that regulation serves the purposes of the regulated firms themselves. One prominent explanation for airline deregulation is that "political entrepreneurs" can, under certain circumstances, challenge...

The antitrust world is now globalized and interconnected, requiring ever-increasing awareness as to how different agencies operate. The need to promote convergence on substantive doctrines has received, and will continue to receive, considerable attention. What is less appreciated is the need to...

This Essay makes the case for antitrust enforcement as a critical part of innovation policy and catalyzing entrepreneurship. It begins by explaining how innovation and entrepreneurship are drivers of economic growth and pillars of any effective economic strategy. With respect to antitrust...

With the increasing international focus on the future of the ITU and its role (or lack thereof) in Internet governance, there is greater attention being paid to the fact that much of the 'governance' of the Internet is in fact carried out by so-called 'multistakeholder ('MSH') organizations.'...