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....

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

Most debates over the structure of merger review in the telecommunications industry focus on the criticism that the role of the Federal Communications Commission (FCC) is entirely redundant in light of the review conducted by the antitrust agencies. The FCC's lack of a consistently applied...

The basic premise for an informal, October 16th 2013 roundtable discussion organized by the Silicon Flatirons Center for Law, Technology, and Entrepreneurship was that there is a role for universities to envision, test, and evaluate different strategies for transforming our health care system....

Technological developments have continued to increase the importance of radio spectrum, with citizens, companies and government users increasing their use of wireless-enabled services of all kinds, from smartphone apps to aerial surveillance. Since technology places limits on the coexistence of...

The United States economy cannot grow without continued innovation. By boosting productivity and creating higher paying jobs, innovation supplies the X-factor that facilitates economic prosperity. Although innovation is fundamental to economic growth, other economic concerns often overshadow...

The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate...