The Archives

Everything written by Gregory J. Werden on law, economics, and more

The FTC Lacks Authority for Competition Rulemaking

Before becoming chair of the Federal Trade Commission (FTC), Lina Khan advocated the use of rulemakings to implement the prohibition on unfair methods of competition (UMC) in Section 5 of the FTC Act. As chair, she proposed a rule, which likely will be finalized in the spring, to ban noncompete clauses in employment contracts. But ... The FTC Lacks Authority for Competition Rulemaking

Werden and Froeb: The Conspicuous Silences of the Proposed Vertical Merger Guidelines

[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Gregory J. Werden (former Senior Economic Counsel, DOJ Antitrust Division (ret.)) and Luke M. Froeb (William C. Oehmig Chair in Free Enterprise and ... Werden and Froeb: The Conspicuous Silences of the Proposed Vertical Merger Guidelines