The Latest

The most recent scholarly commentary on law, economics, and more

Symposium

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

Symposium

Antitrust’s Uncertain Future: Competition in the New Regulatory Landscape

It increasingly appears that the push to pass Sen. Amy Klobuchar’s American Innovation and Choice Online Act (AICOA) will go down to the wire, with a vote potentially taking place sometime before Congress leaves for its August recess. Given the uncertainty surrounding this massive legislative project, this Truth on the Market symposium examines the possible ... Antitrust’s Uncertain Future: Competition in the New Regulatory Landscape

Symposium

FTC Rulemaking on Unfair Methods of Competition

There is widespread interest in the potential tools that the Biden administration’s Federal Trade Commission (FTC) may use to address a range of competition-related and competition-adjacent concerns. A focal point for this interest is the potential that the FTC may use its broad authority to regulate unfair methods of competition (UMC) under Section 5 of ... FTC Rulemaking on Unfair Methods of Competition

Symposium

The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway?

Welcome! We’re delighted to kick off our two-day blog symposium on the recently released Draft Joint Vertical Merger Guidelines from the DOJ Antitrust Division and the Federal Trade Commission. If adopted by the agencies, the guidelines would mark the first time since 1984 that U.S. federal antitrust enforcers have provided official, public guidance on their ... The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway?

Symposium

The Politicization of Antitrust

In the last few years, a movement has emerged that seeks to expand the remit of antitrust beyond the “consumer welfare standard” to include political and social issues, ranging from rising income inequality and declining wages, to political concentration, environmental degradation, and declining author revenue.  But should these other social and political issues be incorporated ... The Politicization of Antitrust

Symposium

Should We Break Up Big Tech? Symposium

Over the past two years, numerous scholars and pundits have called for aggressive regulation of “Big Tech” companies, including Alphabet/Google, Amazon, Apple, and Facebook. Some have called for them to be broken up. Meanwhile, governments in several jurisdictions, including the EU and Germany,  have brought antitrust cases against several “Big Tech” companies, although so far ... Should We Break Up Big Tech? Symposium

Symposium

Amazon-Whole Foods After One Year Symposium

One year ago tomorrow the Amazon/Whole Foods merger closed, following its approval by the FTC. The merger was something of a flashpoint in the growing populist antitrust movement, raising some interesting questions — and a host of objections from a number of scholars, advocates, journalists, antitrust experts, and others who voiced a range of possible problematic outcomes. Under settled antitrust law — evolved over ... Amazon-Whole Foods After One Year Symposium

Symposium

Agricultural and Biotech Mergers Symposium

On March 27, 2017, the European Commission cleared the merger of Dow and DuPont, subject to conditions including divestiture of DuPont’s “global R&D organisation.” As the Commission noted: The Commission had concerns that the merger as notified would have reduced competition on price and choice in a number of markets for existing pesticides. Furthermore, the ... Agricultural and Biotech Mergers Symposium

Symposium

Symposium on the Apple E-Books Antitrust Case: Implications for Antitrust and for the Economy

The appellate court’s 2015 decision affirming the district court’s finding of per se liability in United States v. Apple provoked controversy over the legal and economic merits of the case, its significance for antitrust jurisprudence, and its implications for entrepreneurs, startups, and other economic actors throughout the economy. Apple has filed a cert petition with ... Symposium on the Apple E-Books Antitrust Case: Implications for Antitrust and for the Economy

Symposium

Symposium Honoring the Honorable Joshua Wright

Josh Wright’s term as an FTC Commissioner ended on Monday, August 24, 2015.  Truth on the Market hosted a symposium —  a collection of commentaries and contributions — honoring Josh’s tenure at the FTC.  We invited contributions from a range of luminaries, including academics, practitioners, former FTC officials, and the like.

Symposium

Unfair Methods of Competition Symposium

Last month, FTC Commissioner Josh Wright began a much-needed conversation on the FTC’s UMC authority by issuing a proposed policy statement attempting to provide some meaningful guidance and limits to the FTC’s authority. Meanwhile, last week Commissioner Maureen Ohlhausen offered her own take on the issue, echoing many of Josh’s points and further extending the conversation. Considerable commentary—and even congressional ... Unfair Methods of Competition Symposium

Symposium

Section 2 Symposium

We’re very pleased to be able to kick off Truth on the Market’s symposium on Section and the Section 2 Report.  We’ve put together a lineup that includes current and former agency representatives, economists, practicing lawyers and academics in the hopes of creating an environment conductive to a productive discussion of not only the actual ... Section 2 Symposium