Anticompetitive Barriers to E-Commerce
Topic:
- Business-to-consumer e-commerce is one of the fastest growing business sectors in the American economy. As a result, industry-specific economic regulations, occupational licensing, franchising laws, and a variety of other practices are now under challenge from a new direction. High-profile lawsuits and policy battles involving e-commerce have occurred in industries as diverse as automobiles, wine, caskets, real estate, and contact lenses. In some cases, the bricks-and-mortar incumbents have responded by lobbying for laws or regulations that would protect them from Internet-based competition. Innovation in e-commerce is also calling into question many established policies that generally protect incumbents from new entrants – often in-state interests from out-of-state interests.
In light of these developments, court cases and Federal Trade Commission hearings have revealed that there is a paucity of economic and legal analysis focused on legal and regulatory barriers to e-commerce.
To explore these new issues, and to stimulate research in this area, the Mercatus Center at George Mason University, in collaboration with the George Mason University School of Law, is holding a day-long symposium to allow prominent legal and economic scholars to present papers on topics such as: the current status of legal and regulatory barriers, their impact on consumers, their implications for competitive federalism, and more…
Symposium Program
| 8:30 a.m. | Welcome and Introductions |
| Susan E. Dudley, Mercatus Center Daniel D. Polsby, Dean, George Mason University School of Law |
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| 8:45 a.m. | Keynote Address |
| “The Commerce Clause and E-Commerce” Kenneth W. Starr, Dean, Pepperdine University School of Law Click here to watch the video of Dean Starr’s keynote address. |
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| 9:30 a.m. | Panel 1: Autos |
| Moderator: Todd J. Zywicki, George Mason University School of Law
“Automobile Distribution Restrictions: An Economic Perspective” Click here to watch the video of discussion. Debra J. Holt, Federal Trade Commission “A Competitive Analysis of Regulatory Barriers to Internet Auto Sales” Commenters: Martin Johnson |
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| 11:00 a.m. | Panel 2: Caskets |
| Moderator: David E. Harrington, Kenyon College
“Protectionism as a Rational Basis? Click here to watch the video of discussion. Asheesh Agarwal, US Department of Justice “Casket Sales Restrictions and the Funeral Market” Commenters: Brian Higginbotham |
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| 12:15 p.m. | Luncheon Address |
| “The Dormant Commerce Clause As An Ex Ante Rule” Michael S. Greve, American Enterprise Institute |
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| 2:00 p.m. | Panel 3: Wine |
| Moderator: Donald J. Boudreaux, George Mason University
“The Economics of Direct Wine Shipping” Click here to watch the video of discussion. Jerry Ellig, Mercatus Center at George Mason University “What Next in the Wine War?” Commenters: Todd J. Zywicki |
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| 3:30 p.m. | Panel 4: Empirical Analysis of E-Commerce |
| Moderator: Jerry Ellig, Mercatus Center
“Public versus Private Restraints on the Online Distribution of Contact Lenses: A Distinction with a Difference” “Real Estate Brokerage and E-Commerce: Commenters: Ken Heyer |
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| 4:45 p.m. | Concluding Remarks |
| Jerry Ellig, Mercatus Center |
