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A Positive Agenda for Digital-Competition Enforcement

Reasonable people may disagree about their merits, but digital-competition regulations are now the law of the land in many jurisdictions, including the EU and the UK. Policymakers in those jurisdictions will thus need to successfully navigate heretofore uncharted waters in order to implement these regulations reasonably. In recent comments that we submitted to the UK’s ... A Positive Agenda for Digital-Competition Enforcement

The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era

While last year’s labor disputes between the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA), on the one hand, and Hollywood’s major movie and television studios, on the other, have been settled for months now, lingering questions remain about competitive conditions in the industry.  In a recent submission to the California Law ... The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era

Reports of the Current FTC’s Intellectual Integrity Have Been Greatly Exaggerated

The Federal Trade Commission (FTC) has released its long-awaited report on pharmacy benefit managers (PBMs) as an “interim staff report.” And it’s yet another staff report that doesn’t name the relevant staff. On the one hand, it does contain some useful information on industry developments. On the other, it’s just not very good—at all.  With ... Reports of the Current FTC’s Intellectual Integrity Have Been Greatly Exaggerated

After Loper Bright, FTC Awaits Its Turn At-Bat

In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the U.S. economy. It was not my first such post (my ninth, if I’ve counted correctly, and if readers will forgo armchair diagnoses of monomania). The last time ... After Loper Bright, FTC Awaits Its Turn At-Bat

The View from the United Kingdom: A TOTM Q&A with John Fingleton

What is the UK doing in the field of digital-market regulation, and what do you think it is achieving? There are probably four areas to consider.  The first is that the UK’s jurisdiction on mergers increased with Brexit. The UK is not subject to the same turnover threshold as under European law, and this enables ... The View from the United Kingdom: A TOTM Q&A with John Fingleton

FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions

As former antitrust enforcers and alumni of the Federal Trade Commission (FTC), we are pleased to submit these comments to the FTC and U.S. Justice Department’s (DOJ) Antitrust Division (DOJ) in response to your Request for Information on Corporate Consolidation Through Serial Acquisitions and Roll-Up Strategies (RFI). We have devoted significant portions of our careers ... FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions

An Equilibrium-Adjustment Theory of Current Trends in Administrative Law

This essay began as a response to claims that the argument that Chevron encourages congressional inaction has been refuted by the best available evidence. That Chevron causes such inaction is one of the arguments made by petitioners in Loper Bright. Leading scholars reject the argument. For instance, Chris Walker has called it one of the ... An Equilibrium-Adjustment Theory of Current Trends in Administrative Law

The View from Canada: A TOTM Q&A with Aaron Wudrick

Aaron, could you please tell us a bit about your background and how you became interested in competition law and digital-competition regulation? I’m a lawyer by profession, but have taken a somewhat unconventional career path—I started as a litigator in a small general practice in my hometown outside Toronto, moved on to corporate law with ... The View from Canada: A TOTM Q&A with Aaron Wudrick

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

Should the Federal Government Regulate Artificial Intelligence?

Artificial intelligence is in the public-policy spotlight. In October 2023, the Biden administration issued its Presidential Executive Order on AI, which directed federal agencies to cooperate in protecting the public from potential AI-related harms. President Joe Biden said in his March 2024 State of the Union Address that government enforcers will crack down on the ... Should the Federal Government Regulate Artificial Intelligence?

Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?

The U.S. Justice Department (DOJ) announced yesterday that it has filed suit, along with 29 states and the District of Columbia, charging Live Nation Entertainment Inc. and its subsidiary Ticketmaster LLC with monopolizing the live-events industry in violation of Section 2 of the Sherman Act.  The suit, filed in the U.S. District Court for the ... Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?

All Roads Lead to Dallas: FTC Non-Compete Rule Set to Face Its First Legal Test in the Northern District of Texas

The sweeping prohibition on noncompete agreements promulgated by the Federal Trade Commision (FTC)—which would nullify 30 million contracts and preempt the laws of 46 states if it takes effect, as scheduled, on Sept. 4—is set for its first judicial test. In Ryan, LLC v. FTC, Judge Ada Brown of the U.S. District Court for the ... All Roads Lead to Dallas: FTC Non-Compete Rule Set to Face Its First Legal Test in the Northern District of Texas