Opening Arguments

OA125: Net Neutrality and Antitrust, Part One


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Today's episode takes two deep dives into complicated legal issues in the news. First, we tackle the FCC's recent "Order Restoring Internet Freedom," which is being characterized as ending Net Neutrality.  Is that true?  The answer... probably won't surprise you, actually. Then, Andrew and Thomas discuss general principles of antitrust law with an eye towards the recent news that the Trump Department of Justice has sued to block the AT&T/Time Warner merger. Finally, we close with the answer to Thomas Takes the Bar Exam Question #51 involving class action lawsuits in Tenntucky.  Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew is going to be on the Wednesday broadcast of the David Pakman show; give it a listen! Show Notes & Links
  1. We first discussed Net Neutrality in Episode 64 and Episode 65.
  2. The text of the Open Internet Order of 2015 is here.
  3. You can also read the Heritage Foundation's plea to have internet regulations fall under FTC rather than FCC jurisdiction.
  4. The interim vote to reverse the Open Internet Order of 2015 is here.
  5. This is the full Declaratory Ruling, Report and Order, and Order ("Restoring Internet Freedom").
  6. This is FTC Commissioner Clyburn's Minority Report and guide to the order.
  7. We first discussed antitrust laws in connection with the USFL lawsuit in Episode 57 and Episode 58.
  8. Here is the DOJ's lawsuit attempting to block the AT&T/Time Warner merger.
  9. The main citations we relied upon in the show were 15 U.S.C. § 1 (The Sherman Antitrust Act of 1890); 15 U.S.C. § 18 (The Clayton Antitrust Act of 1914), and 15 U.S.C. § 45 (the FTC Act of 1914).
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