The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?
In less than two and a half years, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) have undone more than two decades of work aimed at moving global competition law toward an economics-friendly consumer welfare standard. In tandem with foreign competition authorities, the U.S. antitrust agencies are now cooperating in an effort to ... The FTC, DOJ, and International Competition Law: Convergence Away From the Consumer Welfare Standard?
The FTC Tacks Into the Gale, Battening No Hatches: Part 2
Part 1 of this piece can be found here. Emergence of the ‘Neo-Brandeisians’ Thus, matters unfolded until the curtain began to descend on the second Obama term in 2016. In the midst of presidential primary season, a targeted political challenge to the prevailing economic approach to antitrust first came to light. No one has yet ... The FTC Tacks Into the Gale, Battening No Hatches: Part 2
The FTC Tacks Into the Gale, Battening No Hatches: Part 1
The Evolution of FTC Antitrust Enforcement – Highlights of Its Origins and Major Trends 1910-1914 – Creation and Launch The election of 1912, which led to the creation of the Federal Trade Commission (FTC), occurred at the apex of the Progressive Era. Since antebellum times, Grover Cleveland had been the only Democrat elected as president. ... The FTC Tacks Into the Gale, Battening No Hatches: Part 1
The FTC Lacks Authority for Competition Rulemaking
Before becoming chair of the Federal Trade Commission (FTC), Lina Khan advocated the use of rulemakings to implement the prohibition on unfair methods of competition (UMC) in Section 5 of the FTC Act. As chair, she proposed a rule, which likely will be finalized in the spring, to ban noncompete clauses in employment contracts. But ... The FTC Lacks Authority for Competition Rulemaking
The FTC’s New Normal
Over the past two years, the Federal Trade Commission (FTC) has operated differently than it has in recent decades. Characterized by—among other things—an enforcement-heavy approach to antitrust and consumer protection, a vigorous embrace of rulemaking, a skeptical approach to mergers, robust engagement with overseas counterparts, and centralization of decision-making within the Office of the Chair, ... The FTC’s New Normal
Right to Anonymous Speech, Part 3: Anonymous Speech and Age-Verification Laws
An issue that came up during a terrific panel that I participated in last Thursday—organized by the Federalist Society’s Regulatory Transparency Project—was whether age-verification laws for social-media use infringed on a First Amendment right of either adults or minors to receive speech anonymously. My co-panelist Clare Morell of the Ethics and Public Policy Center put ... Right to Anonymous Speech, Part 3: Anonymous Speech and Age-Verification Laws
Will the EU-U.S. Data Privacy Bridge Hold?
With the European Commission’s recent announcement that it had deemed the revamped data-protection framework from the United States to be “adequate” under the European Union’s stringent General Data Protection Regulation (GDPR), the stage is set for what promises to be a legal rollercoaster in the European Court of Justice (CJEU). The Commission’s decision is certain ... Will the EU-U.S. Data Privacy Bridge Hold?
Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations
I participated yesterday in a webinar panel hosted by the Federalist Society’s Regulatory Transparency Project. The video was livestreamed at YouTube. Below, I offer my opening remarks, with some links. Thank you for having me. As mentioned, I’m a senior scholar in innovation policy at the International Center for Law & Economics (ICLE). This means ... Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations
Gomez Confirmed to FCC: Here Comes Net Neutrality, But First…
The U.S. Senate moved yesterday in a 55-43 vote to confirm Anna Gomez to the Federal Communications Commission. Her confirmation breaks a partisan deadlock at the agency that has been in place since the beginning of the Biden administration, when Commissioner Jessica Rosenworcel vacated her seat to become FCC chair. The commission now has a ... Gomez Confirmed to FCC: Here Comes Net Neutrality, But First…
Goodbye Margrethe, Hello Didier: What Next for European Competition Law?
European Commissioner for Competition Margrethe Vestager announced Sept. 5 that she was leaving her position after nearly a decade in charge, which for the last four years has also included holding the title of “executive vice president of the European Commission for a Europe fit for the Digital Age.” Her departure caps off an uncharacteristically ... Goodbye Margrethe, Hello Didier: What Next for European Competition Law?
Right to Anonymous Speech, Part 2: A Law & Economics Approach
We at the International Center for Law & Economics (ICLE) have written extensively on the intersection of the First Amendment, the regulation of online platforms, and the immunity from liability for user-generated content granted to platforms under Section 230 of the Communications Decency Act of 1996. One of the proposals we put forward was that ... Right to Anonymous Speech, Part 2: A Law & Economics Approach
LEOs Need Love Too and Nobody Wants to Pay for Subsidies
Coming out of Labor Day weekend, there’s not a lot of earth-shaking happenings at the Telecom Hootenanny. But like a visit to the state fair, there’s always something to see. LEOs Need a Seat at the Grownups’ Table Although LEO technology and the market for its services were pioneered by American companies, LEO constellations are ... LEOs Need Love Too and Nobody Wants to Pay for Subsidies
