The Archives

Everything written by Gus Hurwitz on law, economics, and more

FTC UMC Roundup – Happy EOnniversary Edition

Welcome to the FTC UMC Roundup for the middle of July. As we sit between the Fourth of July and August recess, the  first images from the James Webb space telescope are a nice way to put the day-to-day grind of antitrust law into perspective. In part, that’s my way of saying that as Congress ... FTC UMC Roundup – Happy EOnniversary Edition

FTC UMC Roundup – Independence Day Week Edition

Happy Independence Day Week! Having started off with the holiday, this has been a relatively slow week on the antitrust front in the United States. But never fear, Europe is here to help fill out the weekly news roundup. And, even on a slow week there is plenty in the news domestically. Perhaps more important: ... FTC UMC Roundup – Independence Day Week Edition

FTC UMC Roundup – OT22 Edition

Fireworks came a bit early this year. Between the Supreme Court’s end-of-term decisions and this week’s January 6th Committee hearings, it wasn’t a week with much antitrust news coming out of either the FTC or Congress. But the Supreme Court’s made sure to keep things exciting: the opinion in West Virginia v. EPA case will ... FTC UMC Roundup – OT22 Edition

FTC UMC Roundup – Trojan Horse Edition

Things are getting spicy in the administrative state. This week we have the first formal indication of new rules coming out of the FTC. We have lobbyists lobbying, and influencers influencing, CEOs loitering, and academics … academicing? We have some review and preview of what’s at stake with administrative law. We’ve got interesting upcoming events. ... FTC UMC Roundup – Trojan Horse Edition

FTC UMC Roundup – Circular Firing Squad Edition

Welcome to the FTC UMC Roundup for June 17, 2022. This week’s roundup is a bit shorter – but only because your narrator would rather be out climbing mountains in Squamish, BC, than reading or writing about Sen. Amy Klobuchar’s (D-MN) pretty bad week. From where I sit, me climbing a multipitch 5.13 mountain looks ... FTC UMC Roundup – Circular Firing Squad Edition

FTC UMC Roundup – Welcome to the Press Tour

Welcome to the FTC UMC Roundup for June 10, 2022. This is a week of headlines! One would be forgiven for assuming that our focus, once again, would on the American Innovation and Choice Online Act (AICOA). I heard on the radio yesterday that it’s champion, Sen. Amy Klobuchar (D-MN), has the 60 votes it ... FTC UMC Roundup – Welcome to the Press Tour

The FTC UMC Roundup – Welcome to June Edition

Welcome to the FTC UMC Roundup for June 3, 2023–Memorial Day week. The holiday meant we had a short week, but we still have plenty of news to share. It also means we’re now in meteorological summer, a reminder that the sands of legislative time run quickly through the hourglass. So it’s perhaps unsurprising that ... The FTC UMC Roundup – Welcome to June Edition

The FTC UMC Roundup – May 27 Edition

Welcome to the Truth on the Market FTC UMC Roundup for May 27, 2022. This week we have (Hail Mary?) revisions to Sen. Amy Klobuchar’s (D-Minn.) American Innovation and Choice Online Act, initiatives that can’t decide whether they belong in Congress or the Federal Trade Commission, and yet more commentary on inflation and antitrust, along ... The FTC UMC Roundup – May 27 Edition

The FTC UMC Roundup–A Weekly Review

Welcome to the FTC UMC Roundup, our new weekly update of news and events relating to antitrust and, more specifically, to the Federal Trade Commission’s (FTC) newfound interest in “revitalizing” the field. Each week we will bring you a brief recap of the week that was and a preview of the week to come. All ... The FTC UMC Roundup–A Weekly Review

Wrapping up Round One of the FTC UMC Symposium

Over the past three weeks, we have shared contributions from more than a dozen antitrust commentators—including academics, practitioners, students, and a commissioner of the Federal Trade Commission—discussing the potential for the FTC to develop substantive rules using its unfair methods of competition (UMC) authority. This post offers a recap of where we have been so ... Wrapping up Round One of the FTC UMC Symposium

Chevron and Administrative Antitrust, Redux

[Wrapping up the first week of our FTC UMC Rulemaking symposium is a post from Truth on the Market’s own Justin (Gus) Hurwitz, director of law & economics programs at the International Center for Law & Economics and an assistant professor of law and co-director of the Space, Cyber, and Telecom Law program at the ... Chevron and Administrative Antitrust, Redux

Welcome to the TOTM Symposium on FTC UMC Rulemaking

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 ... Welcome to the TOTM Symposium on FTC UMC Rulemaking