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

Showing results for:  “Section 5, Collateral Consequences, and Counting Unicorns”

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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

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The Law, Economics, and Policy of the COVID-19 Pandemic

As the COVID-19 pandemic and society’s response to it unfold, we are confronted in real time with some of the limits — and some of the wonders — of modern society. The host of restrictions imposed by governments on movement and social gathering in order to contain the virus, for example, are having significant adverse ... The Law, Economics, and Policy of the COVID-19 Pandemic

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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

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Innovation for the 21st Century Symposium

The topic of TOTM’s first blog symposium is Michael Carrier’s forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (from Oxford University Press). Here is a description of the book’s contents from Professor Carrier: Innovation for the 21st Century offers ten proposals, from pharmaceuticals to peer-to-peer software, that will help ... Innovation for the 21st Century Symposium

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Free to Choose Symposium

The rise of behavioral economics, and in turn, behavioral law and economics, has been one of the most significant developments in either field in a remarkably short period of time.  In 2010, Nudge is a household name, “libertarian paternalism” is (a hotly debated) a term of art, and behavioral economics has taken made its way from articles, ... Free to Choose Symposium

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Section 2 Symposium

We’re very pleased to be able to kick off Truth on the Market’s symposium on Section 2 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 ... Section 2 Symposium