Showing results for: “FTC policy statement unfair methods of competition”
FTC-DOJ RFI on Merger Guidelines: The Agencies Should Proceed with Caution
The Jan. 18 Request for Information on Merger Enforcement (RFI)—issued jointly by the Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ)—sets forth 91 sets of questions (subsumed under 15 headings) that provide ample opportunity for public comment on a large range of topics. Before chasing down individual analytic rabbit holes related to specific ... FTC-DOJ RFI on Merger Guidelines: The Agencies Should Proceed with Caution
The Biden Executive Order on AI: A Recipe for Anticompetitive Overregulation
The Biden administration’s Oct. 30 “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” proposes to “govern… the development and use of AI safely and responsibly” by “advancing a coordinated, Federal Government-wide approach to doing so.” (Emphasis added.) This “all-of-government approach,” which echoes the all-of-government approach of the 2021 “Executive ... The Biden Executive Order on AI: A Recipe for Anticompetitive Overregulation
How US and EU Competition Law Differ
U.S. and European competition laws diverge in numerous ways that have important real-world effects. Understanding these differences is vital, particularly as lawmakers in the United States, and the rest of the world, consider adopting a more “European” approach to competition. In broad terms, the European approach is more centralized and political. The European Commission’s Directorate ... How US and EU Competition Law Differ
The Globalization of Antitrust: A Cost-Benefit Appraisal
Overview Virtually all countries in the world have adopted competition laws over the last three decades. In a recent Mercatus Foundation Research Paper, I argue that the spread of these laws has benefits and risks. The abstract of my Paper states: The United States stood virtually alone when it enacted its first antitrust statute in ... The Globalization of Antitrust: A Cost-Benefit Appraisal
FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
My last post highlighted a July 2024 Federal Trade Commission (FTC) interim staff report that was critical of pharmaceutical benefit managers (PBMs)—so-called “middlemen” firms that specialize in negotiating with drugmakers for rebates on the list prices of drugs. I explained that the interim report’s analysis is at odds with economic research that delineates the substantial economic benefits ... FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
Biweekly FTC Roundup: Commissioners Bite Horse Edition
The massive New Deal sculptures that frame Federal Trade Commission headquarters are both called “Man Controlling Trade.” And according to the Commission’s new Policy Statement Regarding Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act, “Three Commissioners Controlling the Economy” appears to now be one of the agency’s guiding principles. The ... Biweekly FTC Roundup: Commissioners Bite Horse Edition
The International Competition Network at Seventeen
Introduction Last week I attended the 17th Annual Conference of the International Competition Network (ICN) held in New Delhi, India from March 21-23. The Delhi Conference highlighted the key role of the ICN in promoting global convergence toward “best practices” in substantive and procedural antitrust analysis by national antitrust (“competition”) agencies. The ICN operates as ... The International Competition Network at Seventeen
7 Top Takeaways from the 2nd Annual Mercatus Antitrust Forum
At the Jan. 26 Policy in Transition forum—the Mercatus Center at George Mason University’s second annual antitrust forum—various former and current antitrust practitioners, scholars, judges, and agency officials held forth on the near-term prospects for the neo-Brandeisian experiment undertaken in recent years by both the Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ). ... 7 Top Takeaways from the 2nd Annual Mercatus Antitrust Forum
What Do We Do with Presumptions in Antitrust?
Winter was coming, as it does. We knew the agencies were going to issue new merger guidelines, and then they did. On Dec. 18, 2023, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) jointly issued merger guidelines, supplanting 2023’s draft guidelines, the 2010 Horizontal Merger Guidelines, and the 2020 (partially withdrawn) Vertical Merger ... What Do We Do with Presumptions in Antitrust?
Thom Lambert on Guidelines for the FTC’s UMC Authority: What’s Clear and What’s Not?
In the last few weeks, two members of the FTC—Commissioners Josh Wright and Maureen Ohlhausen—have staked largely consistent positions on guidelines for implementation of the Commission’s “unfair methods of competition” (UMC) authority. Their statements make two points that are, in my opinion, no-brainers. Where the statements conflict, they raise an issue worthy of significant contemplation. ... Thom Lambert on Guidelines for the FTC’s UMC Authority: What’s Clear and What’s Not?
FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents
On July 31 the FTC voted to withdraw its 2003 Policy Statement on Monetary Remedies in Competition Cases. Commissioner Ohlhausen issued her first dissent since joining the Commission, and points out the folly and the danger in the Commission’s withdrawal of its Policy Statement. The Commission supports its action by citing “legal thinking” in favor of heightened ... FTC sacrifices the rule of law for more flexibility; Commissioner Ohlhausen wisely dissents
Biweekly FTC Roundup: Total Drama Island Edition
In a Feb. 14 column in the Wall Street Journal, Commissioner Christine Wilson announced her intent to resign her position on the Federal Trade Commission (FTC). For those curious to know why, she beat you to the punch in the title and subtitle of her column: “Why I’m Resigning as an FTC Commissioner: Lina Khan’s ... Biweekly FTC Roundup: Total Drama Island Edition
