Europe’s Latest Antitrust Policy Pronouncement Threatens Innovation
A newly released draft of the European Union’s proposed monopolization guidelines suggest they could pose a new threat to innovative business practices that promote high-tech economic growth. The EU should scrap the draft and U.S. antitrust enforcers should likewise reject its approach. Overregulation Harms EU Economic Growth and Innovation The United States, not Europe, has ... Europe’s Latest Antitrust Policy Pronouncement Threatens Innovation
U.S. Antitrust Enforcers Should Reject AI Interventionism
The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC), in tandem with their fellow competition-law enforcers from Europe (the European Commission) and the United Kingdom (the Competition and Markets Authority, or CMA), issued a joint statement July 23 titled “Joint Statement on Competition in Generative AI Foundation Models and AI Products.” This joint statement ... U.S. Antitrust Enforcers Should Reject AI Interventionism
Federal Regulatory Reform Will Benefit All Americans
The next president, whether a Democrat or a Republican, should place a high priority on federal regulatory reform, in order to promote good jobs, vibrant firms, and a stronger American economy. Regulation is, of course, appropriate to address such problems as public health and safety and environmental pollution. But a growing body of scholarship finds ... Federal Regulatory Reform Will Benefit All Americans
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
Will the FTC Reinvigorate an Antiquated Law that Raises Prices?
The Federal Trade Commission (FTC) and Congress are showing renewed interest in a Great Depression-era law, the Robinson-Patman Act, that discourages sales discounts. This is bad news for hard-strapped American consumers, who have had to cope with prices that have risen more than 20% since February 2020. As such, reinvigorated enforcement of the RPA, a ... Will the FTC Reinvigorate an Antiquated Law that Raises Prices?
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?
Steeling to Block a Merger
In an April 17 address to United Steelworkers in Pittsburgh, President Joe Biden vowed that his administration would “thwart the acquisition of U.S. Steel by a Japanese company,” Nippon Steel, telling the assembled union members that U.S. Steel “has been an iconic American company for more than a century and it should remain totally American.” ... Steeling to Block a Merger
US v. Apple Lawsuit Has Big Implications for Competition and Innovation
The lawsuit filed yesterday by the U.S. Justice Department (DOJ) against Apple for monopolization of the U.S. smartphone market (joined by 15 states and the District of Columbia) has big implications for American competition and innovation. At the heart of the complaint is the DOJ’s assertion that: [Apple’s] anticompetitive acts include, but are not limited ... US v. Apple Lawsuit Has Big Implications for Competition and Innovation
Will the FTC Scupper the Kroger/Albersons Merger?
The press is abuzz with news about the Federal Trade Commission’s (FTC) Feb. 26 announcement that it would challenge the proposed Kroger/Albertsons mega-supermarket merger, which had been in the works since the fall of 2022. If the FTC succeeds in obtaining a temporary restraining order and preliminary injunction in Oregon federal district court (a big ... Will the FTC Scupper the Kroger/Albersons Merger?
The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-Claims Rule
Back in February 2022, the Federal Trade Commission (FTC) announced an advance notice of proposed rulemaking (ANPRM) on “deceptive or unfair earnings claims.” According to the FTC: [The Deceptive or Unfair ANPRM was aimed at] challenging bogus money-making claims used to lure consumers, workers, and prospective entrepreneurs into risky business ventures that often turn into ... The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-Claims Rule
Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation
Under the Bayh-Dole Act, the federal government has the right to “march in” on patents on inventions created using taxpayer funds—to require the patentholder to license the federally funded patent to other applicants. The terms of the license must be “reasonable under the circumstances.” The act limits the exercise of march-in to specific circumstances related ... Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation
A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition
Once again, a major competition agency, the European Commission, appears poised to take an anticompetitive enforcement action—in this case, blocking Amazon’s acquisition of consumer robotic-manufacturer iRobot. iRobot, headquartered in Bedford, Massachusetts, is an American success story: Founded in 1990 by Massachusetts Institute of Technology roboticists with the vision of making practical robots a reality, iRobot ... A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition
