The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “sirius xm merger”

Biweekly FTC Roundup: Grail-Shaped Beacon Edition

The lame duck is not yet dead, and the Federal Trade Commission (FTC) is supposed to be an independent agency. Work continues. The Commission has announced a partly open oral argument in the Illumina-Grail matter.  That is, parts of the argument will be open to the public, via webcast, and parts won’t. This is what’s ... Biweekly FTC Roundup: Grail-Shaped Beacon Edition

The FTC’s UMC Statement Creates a Target for Federal Courts

The Federal Trade Commission’s (FTC) recently released Policy Statement on unfair methods of competition (UMC) has a number of profound problems, which I will detail below. But first, some praise: if the FTC does indeed plan to bring many lawsuits challenging conduct as a standalone UMC (I am dubious it will), then the public ought ... The FTC’s UMC Statement Creates a Target for Federal Courts

The FTC Knows It When It Sees It

When Congress created the Federal Trade Commission (FTC) in 1914, it charged the agency with condemning “unfair methods of competition.” That’s not the language Congress used in writing America’s primary antitrust statute, the Sherman Act, which prohibits “monopoliz[ation]” and “restraint[s] of trade.” Ever since, the question has lingered whether the FTC has the authority to ... The FTC Knows It When It Sees It

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

FTC Rejects Economics for ‘Fairness’

The current Federal Trade Commission (FTC) appears to have one overarching goal: find more ways to sue companies. The three Democratic commissioners (with the one Republican dissenting) issued a new policy statement earlier today that brings long-abandoned powers back into the FTC’s toolkit. Under Chair Lina Khan’s leadership, the FTC wants to bring challenges against ... FTC Rejects Economics for ‘Fairness’

FTC Biweekly UMC Roundup – Mountain of Puffery Edition

Research still matters, so I recommend video from the Federal Trade Commission’s 15th Annual Microeconomics Conference, if you’ve not already seen it. It’s a valuable event, and it’s part of the FTC’s still important statutory-research mission. It also reminds me that the FTC’s excellent, if somewhat diminished, Bureau of Economics still has no director; Marta ... FTC Biweekly UMC Roundup – Mountain of Puffery Edition

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

How Not to Use Industrial Policy to Promote Europe’s Digital Sovereignty

The concept of European “digital sovereignty” has been promoted in recent years both by high officials of the European Union and by EU national governments. Indeed, France made strengthening sovereignty one of the goals of its recent presidency in the EU Council. The approach taken thus far both by the EU and by national authorities ... How Not to Use Industrial Policy to Promote Europe’s Digital Sovereignty

FTC on the Gig Economy: The Glass is Almost Empty

The business press generally describes the gig economy that has sprung up around digital platforms like Uber and TaskRabbit as a beneficial phenomenon, “a glass that is almost full.” The gig economy “is an economy that operates flexibly, involving the exchange of labor and resources through digital platforms that actively facilitate buyer and seller matching.” ... FTC on the Gig Economy: The Glass is Almost Empty

FTC Biweekly UMC Roundup – 88 mph Edition

We’re back for another biweekly roundup – and what a biweekly it’s been! The JCPA rode, died, and rides again. Yet AICOA is AWOL. FTC Chair Lina Khan went to Congress and back to (Fordham) law school, making waves wherever she went. DOJ added to the agencies’ roster of recently lost cases. And the FTC ... FTC Biweekly UMC Roundup – 88 mph Edition

Damn the Economics, Full Speed Ahead!

A White House administration typically announces major new antitrust initiatives in the fall and spring, and this year is no exception. Senior Biden administration officials kicked off the fall season at Fordham Law School (more on that below) by shedding additional light on their plans to expand the accepted scope of antitrust enforcement. Their aggressive ... Damn the Economics, Full Speed Ahead!

FTC Biweekly UMC Roundup – Reform Dies in Committee Edition

Welcome back to the FTC UMC Roundup! The Senate is back in session and bills are dying. FTC is holding hearings and faith in the agency is dying. The more things change the more they stay the same. Which is a fancy way of saying that despite all the talk of change, little change seems ... FTC Biweekly UMC Roundup – Reform Dies in Committee Edition