FTC Section 5 Statement: Less Guidance Than Meets the Eye
On Nov. 10, the Federal Trade Commission (FTC) issued a new statement explaining how it will exercise its standalone FTC Act Section 5 authority. Despite the length of the statement and the accompanying commentaries from most of the commissioners, there is less guidance than one might expect from so many words. One thing is clear, ... FTC Section 5 Statement: Less Guidance Than Meets the Eye
FTC Rulemaking Under UMC Could Mean Return of the National Nanny
The Federal Trade Commission (FTC) has been in the antitrust-enforcement business for more than 100 years. Its new leadership is considering some of the biggest changes ever in its enforcement methods. Instead of a detailed analysis of each case on its own merits, some FTC leaders now want its unelected bureaucrats to write competition rules ... FTC Rulemaking Under UMC Could Mean Return of the National Nanny
How Will the Application of Antitrust Law Change During the Coronavirus Crisis?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Steve Cernak, (Partner, Bona Law).] The antitrust laws have not been suspended during the current COVID-19 crisis. ... How Will the Application of Antitrust Law Change During the Coronavirus Crisis?
Cernak: Who Bears the Burden on Elimination of Double Marginalization in the Draft 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 Steven J. Cernak (Partner, Bona Law; Adjunct Professor, University of Michigan Law School and Western Michigan University Thomas M. Cooley Law School; former ... Cernak: Who Bears the Burden on Elimination of Double Marginalization in the Draft Vertical Merger Guidelines?
“Politicization of Antitrust:” An Opportunity
[TOTM: The following is the first in a series of posts by TOTM guests and authors on the politicization of antitrust. The entire series of posts is available here.] This post is authored by Steven J. Cernak, Partner at Bona Law and Adjunct Professor, University of Michigan Law School and Western Michigan University Thomas M. Cooley ... “Politicization of Antitrust:” An Opportunity
