Showing results for: “FTC policy statement unfair methods of competition”
The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
The U.S. Federal Trade Commission’s (FTC) well-recognized expertise in assessing unfair or deceptive acts or practices can play a vital role in policing abusive broadband practices. Unfortunately, however, because Section 5(a)(2) of the FTC Act exempts common carriers from the FTC’s jurisdiction, serious questions have been raised about the FTC’s authority to deal with unfair ... The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
Will the FTC Reinvigorate an Antiquated Law that Raises Prices?
The Federal Trade Commission (FTC) and Congress are showing renewed interest in a Great Depression-era law, the Robinson-Patman Act, that discourages sales discounts. This is bad news for hard-strapped American consumers, who have had to cope with prices that have risen more than 20% since February 2020. As such, reinvigorated enforcement of the RPA, a ... Will the FTC Reinvigorate an Antiquated Law that Raises Prices?
Biweekly FTC Roundup: Highly Skilled Sandwich Maker Edition
Happy New Year? Right, Happy New Year! The big news from the Federal Trade Commission (FTC) is all about noncompetes. From what were once the realms of labor and contract law, noncompetes are terms in employment contracts that limit in various ways the ability of an employee to work at a competing firm after separation ... Biweekly FTC Roundup: Highly Skilled Sandwich Maker Edition
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
The Waiting Game: Noncompetes, Google, Roll-Ups, and More
I’ll start with a bit of half-empty, half-full (and very partial) resolution in Federal Trade Commission (FTC) publicity. Losing by Winning or Just Losing or . . . ? A couple of weeks ago, the Wall Street Journal editorial board announced that: “Another Lina Khan Theory Loses in Court” And that was right, up to ... The Waiting Game: Noncompetes, Google, Roll-Ups, and More
“You don’t get to be the umpire and have a team”: should we regulate the activities of digital platforms in neighboring markets?
This guest post is by Patrick Todd, an England-qualified solicitor and author on competition law/policy in digital markets. The above quote is not about Democrat-nominee hopeful Elizabeth Warren’s policy views on sport. It is in fact an analogy to her proposal of splitting Google, Amazon, Facebook and Apple (“GAFA”) apart from their respective ancillary lines ... “You don’t get to be the umpire and have a team”: should we regulate the activities of digital platforms in neighboring markets?
FTC Biweekly UMC Roundup – Refugee from the FTC Edition
Faithful and even occasional readers of this roundup might have noticed a certain temporal discontinuity between the last post and this one. The inimitable Gus Hurwitz has passed the scrivener’s pen to me, a recent refugee from the Federal Trade Commission (FTC), and the roundup is back in business. Any errors going forward are mine. ... FTC Biweekly UMC Roundup – Refugee from the FTC Edition
The folly of the FTC’s Section Five case against Google
In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson. The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google
Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)
In a September 20 speech at the high profile Georgetown Global Antitrust Enforcement Symposium, Acting Assistant Attorney General Renata Hesse sent the wrong signals to the business community and to foreign enforcers (see here) regarding U.S. antitrust policy. Admittedly, a substantial part of her speech was a summary of existing U.S. antitrust doctrine. In certain ... Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)
I, For One, Welcome Our New FTC Overlords
In this post—the last planned post for this symposium on The FTC’s New Normal (though we will continue to accept unsolicited submissions of responses)—I will offer some summary of the ideas that have been shared here over the past month, before turning to some of my own thoughts. To keep your attention rapt, I will ... I, For One, Welcome Our New FTC Overlords
FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes
Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us outside the Commission has actually seen the proposal. But earlier this month Chairman Wheeler released a Fact Sheet that suggests some of the ways it ... FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes
FTC’s Amazon Complaint: Perhaps the Greatest Affront to Consumer and Producer Welfare in Antitrust History
“Seldom in the history of U.S. antitrust law has one case had the potential to do so much good [HARM] for so many people.” – Federal Trade Commission (FTC) Bureau of Competition Deputy Director John Newman, quoted in a Sept. 26 press release announcing the FTC’s lawsuit against Amazon (correction IN ALL CAPS is mine) ... FTC’s Amazon Complaint: Perhaps the Greatest Affront to Consumer and Producer Welfare in Antitrust History
