The FTC’s Right to Repair Inquiry and the Copyright Office’s Section 1201 Proceedings

(by Blake Reid, TLPC Director and Kayla Enriquez and Sarah Rippy, Colorado Law 2Ls)

The Federal Trade Commission is conducting a workshop entitled Nixing the Fix, which is aimed at exploring issues around the right to repair. In our submission to the Commission, we have submitted a curated archive of the record developed during the Copyright Office’s various proceedings that have raised repair-related issues, including its 2012, 2015, and 2018 triennial reviews of exemptions from Section 1201 of the Digital Millennium Copyright Act, its 1201 Policy Study, and its Software-Enabled Consumer Products Study.

Last Week in Tech Policy #66: The Fate of Vertical Mergers

Mergers are often  met with skepticism, as intuitively there are less players in the game after the transaction is complete.  Due to the large infrastructure costs and high value of network effects, mergers play a significant role in the telecommunications industry. Pooling resources together can create efficiencies, but there is a fear of harmful effects on consumers- whether by an increase in price or a decline in product quality.

Mergers can be broken up into two categories, vertical and horizontal. A vertical merger occurs between two companies that operate at separate steps of production, typically where transactions costs have driven integration. In horizontal mergers, parties operate in the same market and the combination will eliminate a competitor.

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