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My first post at Truth on the Market—where I called myself a “Refugee from the FTC”—briefly discussed an advance notice of proposed rulemaking (ANPR) published in the Federal Register by the Federal Trade Commission (FTC) under Chair Lina Khan. This one bore the expansive title “Trade Regulation Rule on Commercial Surveillance and Data Security.” I … Fine Print for Every Price: The FTC’s One-Size-Fits-All Guidance
Earlier this summer, my family took a vacation to Ocean City, Maryland, where the boardwalk offered ice cream, souvenirs, and an unexpected lesson in payment economics. Every retailer we visited added a surcharge of at least 3% for credit-card payments, yet not one posted a sign. I discovered the charges only later, while checking my … A Fee Too Far: Merchants, Surcharges, and the War on Plastic
Four patents can carry a lot of antitrust baggage—especially when they come tucked inside a portfolio of more than 500. In CareFirst of Maryland v. Johnson & Johnson, health insurer CareFirst alleges that Johnson & Johnson unlawfully acquired and later asserted four patents to delay competition from biosimilars, highly similar alternatives to biologic drugs, for … Four Patents and a Time Machine: CareFirst and the Perils of Backdated Antitrust
