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OpenMarket: Jessica Melugin

  • Year in Review 2018: Internet Sales Tax

    December 26, 2018
    On June 21, 2018, in South Dakota v. Wayfair, the U.S. Supreme Court reversed fifty years of precedent by allowing states to collect sales taxes from businesses located completely outside that states’ borders. Allowing this remote taxation undercut healthy tax competition among the states, introduced the threat of crippling compliance costs for smaller online retailers, and emboldened 31 states to move forward with their sales tax expansion plans.
  • Best Books of 2018: Life after Google

    December 24, 2018
    Are Tucker Carlson’s predictions of Google taking over the future keeping you up at night? Sooth yourself with the creative destruction described in “Life after Google: The Fall of Big Data and the Rise of the Blockchain Economy” by George Gilder. The famous economist, writer, investor, and tech guru argues that Google’s days of aggregate and advertise success are numbered and goes into considerable depth about why.
  • Last-Minute Delay in CVS-Aetna Deal Could Threaten Consumer Benefits

    December 6, 2018
    U.S. District Court Judge Richard Leon surprised many on Monday when he announced he may halt the integration of CVS pharmacy’s assets with the nation’s third largest healthcare insurance company, Aetna. Usually the judicial review of a merger already approved by the Department of Justice is a mere formality, as evidenced by the fact that the companies went ahead and closed the $69 billion deal late last month, but at a hearing Monday, Judge Leon said he has concerns about the merger’s consequences for consumers.
  • Discard Static Market Analysis, Let Sprint and T-Mobile Merge

    October 18, 2018

    The Competitive Enterprise Institute has been making a convincing case for a swift and condition-free approval from regulators of the proposed Sprint and T-Mobile merger since the beginning. It’s always nice, however, when someone from the Massachusetts Institute of Technology agrees with you. A recent study from MIT research associate Dr. William Lehr makes some of the points we’ve been advocating here on the blog and out in the ...

  • U.S. Justice Department Challenges California Net Neutrality Rules

    October 1, 2018

    The Justice Department is suing California over the state’s just-signed net neutrality law. Rightly so, as it’s hard to imagine a market that better fits the definition of ‘interstate.’ The Internet crosses state and local lines countless times everyday and that means its regulation is a matter for the feds, not states or localities. 


  • Supreme Court Devastates Small Online Businesses and Consumers in South Dakota v. Wayfair

    June 21, 2018

    Today’s Supreme Court decision in South Dakota v. Wayfair is extremely disappointing and will likely cost online sellers and consumers dearly. Stopping state regulatory and tax power at each state’s border should be the default rule for online commerce, but the court has chosen to set state tax authorities loose on small Internet retailers and their customers across the country.


  • Last Chance for the 115th: Keeping the Internet Sales Tax at Bay

    June 20, 2018

    Bad Internet sales tax legislation (mercifully) continues to stall in Congress. Pro-tax expansionists like Rep. Kristi Noem (R-SD) made a big political push to tie the ill-advised Remote Transactions Parity Act to the omnibus-spending bill in March, but to no avail.


  • Wayfair Supreme Court Case Could Upend How We Buy and Sell Things Online

    March 30, 2018

    In April, the U.S. Supreme Court will hear a case, South Dakota v. Wayfair, Corp, that could have a huge impact on people who sell and buy things online. At issue is the necessity of a physical presence to trigger sales tax obligations. That is, does a seller have to have a store, office, or warehouse in a state before that state can force it to calculate, collect, and remit sales taxes to that state? According to the 1992 decision in Quill Corp. v. North Dakota, the current answer is yes.


  • Online Sales Tax Bill a Small-Business Killing Tax Hike

    March 16, 2018

    The Wall Street Journal editorial board was entirely correct yesterday when they said, “Republicans have spent the last year cutting taxes and regulations, which hasn’t been easy. But now some Members of Congress want to blunt their handiwork by passing an online sales tax. Yes, they actually believe this would be good policy and politics.”


  • 5G Will Work—If Government Gets out of the Way

    March 15, 2018

    To usher in a new era of 5G virtual reality, 4K video, and self-driving cars, a major network upgrade is needed. The greater data demands of such innovation will require a denser network infrastructure than exists today—more and smaller radio access nodes located closer together, known as small cells. At its Open Commission Meeting on March 22, the Federal Communications Commission (FCC) will vote on reducing some of federal the red tape slowing deployment of the next generation of 5G.


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