Big Federal Antitrust Cases Heat Up
The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) are advancing two major antitrust cases that will have significant implications for the American public. The DOJ, joined by eight states, announced Aug. 23 that it was suing RealPage Inc. for an “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize ... Big Federal Antitrust Cases Heat Up
FTC Noncompete Rule–and FTC Competition Rulemaking–Are on the Ropes
Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an Aug. 20 order effectively striking down the Federal Trade Commission’s (FTC) April 2024 rule barring noncompete clauses (“noncompetes”) in employment contracts. Ryan LLC, a global tax-services and software provider, had challenged the rule, which had been scheduled to take ... FTC Noncompete Rule–and FTC Competition Rulemaking–Are on the Ropes
Google Monopolization Ruling May Not Hold Up On Appeal
In an Aug. 5 order, the U.S. District Court for the District of Columbia held that Google engaged in illegal monopolization of internet “general search services” and “general text search advertising.” This decision, dubbed “an historic win for the American people” by U.S. Attorney General Merrick Garland, may face tough sledding on appeal. The very ... Google Monopolization Ruling May Not Hold Up On Appeal
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?
