Showing results for: “digital markets act”
Baker on the Dueling Bush Administration Antitrust Agencies
Jonathan Baker (American) has a column at The New Republic focusing on a different aspect of the FTC vs. DOJ scuffles over antitrust policy. Baker claims that the DOJ is engaging in what he describes as “deregulatory radicalism that allows monopolies to spin out of control,” while he is largely supportive of FTC policies. Baker ... Baker on the Dueling Bush Administration Antitrust Agencies
Biden’s AI Executive Order Sees Dangers Around Every Virtual Corner
Here in New Jersey, where I live, the day before Halloween is commonly celebrated as “Mischief Night,” an evening of adolescent revelry and light vandalism that typically includes hurling copious quantities of eggs and toilet paper. It is perhaps fitting, therefore, that President Joe Biden chose Oct. 30 to sign a sweeping executive order (EO) ... Biden’s AI Executive Order Sees Dangers Around Every Virtual Corner
Commissioner Wright lays down the gauntlet on Section 5
As Thom noted (here and here), Josh’s speech at the ABA Spring Meeting was fantastic. In laying out his agenda at the FTC, Josh highlighted two areas on which he intends to focus: Section 5 and public restraints on trade. These are important, even essential, areas, and Josh’s leadership here will be most welcome. I’m ... Commissioner Wright lays down the gauntlet on Section 5
Behavioral Merger Remedies and the Hippocratic Principle
Last Thursday, the FTC settled a challenge to a company’s acquisitions of two key rivals. The two acquisitions, each of which failed to meet the threshold for required reporting under Hart Scott Rodino, occurred in 2005 and 2008. Because the acquired companies have been fully integrated into the acquirer and all distinct operations have been ... Behavioral Merger Remedies and the Hippocratic Principle
Wright is Right, and Wright is Wrong: A Response to Steve Salop on Loyalty Discounts
Guest post by Dan Crane, responding to Steve’s post responding to Dan’s earlier post and Thom’s post on the appropriate liability rule for loyalty discounts. Something that Thom and I both said in our earlier posts needs to be repeated at the outset: I don’t know of anyone who disagrees with Steve and Josh that raising rivals’ costs (“RRC”) and ... Wright is Right, and Wright is Wrong: A Response to Steve Salop on Loyalty Discounts
North Carolina Dental and Protectionism: March 31 Heritage Foundation Presentation by FTC Commissioner Ohlhausen and March 30 Heritage Foundation Legal Memorandum
In its February 25 North Carolina Dental v. Federal Trade Commission decision, the U.S. Supreme Court held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. Will this decision discourage harmful protectionist regulation, such ... North Carolina Dental and Protectionism: March 31 Heritage Foundation Presentation by FTC Commissioner Ohlhausen and March 30 Heritage Foundation Legal Memorandum
The FTC and Innovative Business Models for Patented Innovation
The Federalist Society has started a new program, The Executive Branch Review, which focuses on the myriad fields in which the Executive Branch acts outside of the constitutional and legal limits imposed on it, either by Executive Orders or by the plethora of semi-independent administrative agencies’ regulatory actions. I recently posted on the Federal Trade Commission’s ... The FTC and Innovative Business Models for Patented Innovation
UCLA Law’s Lowell Milken Institute Law Teaching Fellowship Now Accepting Applications
I’m pleased to pass along the following information from the Lowell Milken Institute for Business Law and Policy at UCLA School of Law: Introduction The Lowell Milken Institute for Business Law and Policy at UCLA School of Law is now accepting applications for the Lowell Milken Institute Law Teaching Fellowship. This fellowship is a ... UCLA Law’s Lowell Milken Institute Law Teaching Fellowship Now Accepting Applications
What is the Worst Antitrust Decision That is Good Law?
There’s been a bit of discussion about the “most destructive” decision that is good law around the blogs, e.g. here and here, in response to John McCain’s criticism of Boumedine calling it “one of the worst decisions in the history of this country.” The line of discussion led me to think about the titular question. ... What is the Worst Antitrust Decision That is Good Law?
Employers Discover the ACA’s Win-Win Strategy
The Wegman’s grocery store chain has long offered health insurance benefits to part-time employees working at least 20 hours per week. The Affordable Care Act, however, has now driven the company to cut health insurance benefits for part-time workers. Wegman’s management, it seems, has discovered that employees are better off if they can’t get insurance from ... Employers Discover the ACA’s Win-Win Strategy
New Global Competition Policy: Class Cert & Merger Review in the UK
The new issue is available here, and features the following articles in Class Certification and Antitrust Actions: Why Economics Now Matters for Antitrust Class Actions at the Class Certification Stage by Wendy Bloom (Kirkland & Ellis) The Potential Impact of Twombly on Antitrust Class Actions by Wendy Bloom (Kirkland & Ellis) and James Langenfeld (LECG) ... New Global Competition Policy: Class Cert & Merger Review in the UK
Dan Crane on Section 5 and Principles of Self-Restraint
I’m delighted that Josh and Maureen have launched a concerted effort to have the FTC articulate clear principles for Section 5 enforcement. My own views on the proper scope of Section 5 are articulated in my book The Institutional Structure of Antitrust Enforcement. I won’t attempt a comprehensive regurgitation here, but just offer three quick ... Dan Crane on Section 5 and Principles of Self-Restraint
