Scholarly commentary on law, economics, & more

Will the FTC Scupper the Kroger/Albersons Merger?

The press is abuzz with news about the Federal Trade Commission’s (FTC) Feb. 26 announcement that it would challenge the proposed Kroger/Albertsons mega-supermarket merger, which had been in the works since the fall of 2022. If the FTC succeeds in obtaining a temporary restraining order and preliminary injunction in Oregon federal district court (a big Will the FTC Scupper the Kroger/Albersons Merger?

NetChoice, the Supreme Court, and the State Action Doctrine

George Orwell’s “Nineteen Eighty-Four” is frequently invoked when political actors use language to obfuscate what they are doing. Ambiguity in language can allow both sides to appeal to the same words, like “the First Amendment” or “freedom of speech.” In a sense, the arguments over online speech currently before the U.S. Supreme Court really amount NetChoice, the Supreme Court, and the State Action Doctrine

FCC’s Digital-Discrimination Rules: An Open Invitation to Flood the Field with Schlock

A half-dozen lawsuits have been filed to date challenging the digital-discrimination rules recently approved by the Federal Communications Commission (FCC). These cases were consolidated earlier this month and will now be heard by the 8th U.S. Circuit Court of Appeals. This has the hallmarks of a significant case that will almost certainly involve the U.S. FCC’s Digital-Discrimination Rules: An Open Invitation to Flood the Field with Schlock

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