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
I, For One, Welcome Our New FTC Overlords
In this post—the last planned post for this symposium on The FTC’s New Normal (though we will continue to accept unsolicited submissions of responses)—I will offer some summary of the ideas that have been shared here over the past month, before turning to some of my own thoughts. To keep your attention rapt, I will ... I, For One, Welcome Our New FTC Overlords
The FTC’s Noncompete Rule: Shouldn’t Doesn’t Mean Can’t, but Maybe It Should
Former U.S. Labor Secretary Gene Scalia games out the future of the Federal Trade Commission’s (FTC) recently proposed rule that would ban the use of most noncompete clauses in today’s Wall Street Journal. He writes that: The Federal Trade Commission’s ban on noncompete agreements may be the most audacious federal rule ever proposed. If finalized, ... The FTC’s Noncompete Rule: Shouldn’t Doesn’t Mean Can’t, but Maybe It Should
A Policy Statement Is Still Only Worth the Electrons Upon Which It Is Written
Just over a decade ago, in a speech at the spring meeting of the American Bar Association’s Antitrust Law Section, then-recently appointed Commissioner Joshua Wright of the Federal Trade Commission (FTC) announced his hope that the FTC would adopt a policy statement on the use of its unfair methods of competition (UMC) authority: [The Commission] ... A Policy Statement Is Still Only Worth the Electrons Upon Which It Is Written
FTC Biweekly UMC Roundup – 88 mph Edition
We’re back for another biweekly roundup – and what a biweekly it’s been! The JCPA rode, died, and rides again. Yet AICOA is AWOL. FTC Chair Lina Khan went to Congress and back to (Fordham) law school, making waves wherever she went. DOJ added to the agencies’ roster of recently lost cases. And the FTC ... FTC Biweekly UMC Roundup – 88 mph Edition
FTC Biweekly UMC Roundup – Reform Dies in Committee Edition
Welcome back to the FTC UMC Roundup! The Senate is back in session and bills are dying. FTC is holding hearings and faith in the agency is dying. The more things change the more they stay the same. Which is a fancy way of saying that despite all the talk of change, little change seems ... FTC Biweekly UMC Roundup – Reform Dies in Committee Edition
FTC Biweekly Roundup – A Change in Title Edition
You’d think things would be calm during these last weeks of August – the Senate in recess, folks wrapping up summer vacations or seeing their kids back off to school, and the big news being that coming out of the White House instead of Congress or the agencies. You’d think. We don’t have a single ... FTC Biweekly Roundup – A Change in Title Edition
FTC UMC Roundup – Call for Submissions Edition
It’s been a busy summer, and promises to be a busier fall. So the UMC Roundup is on hiatus this week. But because the news doesn’t stop even when we do, we’re using this week’s Roundup to announce a call for submissions relating to the FTC’s ANPR on Commercial Surveillance and Data Security. Submissions relating ... FTC UMC Roundup – Call for Submissions Edition
FTC UMC Roundup – Well That Happened Edition
I thought this was going to be a slow week. The Senate is in recess and, with so much recent attention focused on the Senate and AICOA – and the FTC’s had only just started things with the Meta/Within suit – it seemed this would be a slow week. We actually considered taking a recess ... FTC UMC Roundup – Well That Happened Edition
Three Big Pitfalls in the Way of Lina Khan’s Agenda
In a recent op-ed for the Wall Street Journal, Svetlana Gans and Eugene Scalia look at three potential traps the Federal Trade Commission (FTC) could trigger if it pursues the aggressive rulemaking agenda many have long been expecting. From their opening: FTC Chairman Lina Khan has Rooseveltian ambitions for the agency. … Within weeks the FTC is ... Three Big Pitfalls in the Way of Lina Khan’s Agenda
FTC UMC Roundup – A Quantum of Wonder Edition
Early August is an unpredictable time in the policy world. With Congress about to go on recess, one never knows if there will be a mad rush to get something done, or what that something may be. And it is, for many, a month of vacations and light schedules. Short staffing may delay work or ... FTC UMC Roundup – A Quantum of Wonder Edition
FTC UMC Roundup – Can’t a Man Eat in Peace Edition
This week’s news can be divided into PM and AM editions – pre-Manchin and after-Manchin. Anything that seemed possible in Congress before Senators Manchin (D-WV) and Schumer (D-NY) announced their agreement on a reconciliation bill that addresses climate, energy, and tax issues now seems far less likely. Congress hath no fury like a McConnell scorned. ... FTC UMC Roundup – Can’t a Man Eat in Peace Edition
