The Archives

Everything written by Tad Lipsky on law, economics, and more

The FTC Tacks Into the Gale, Battening No Hatches: Part 2

Part 1 of this piece can be found here. Emergence of the ‘Neo-Brandeisians’ Thus, matters unfolded until the curtain began to descend on the second Obama term in 2016. In the midst of presidential primary season, a targeted political challenge to the prevailing economic approach to antitrust first came to light. No one has yet ... The FTC Tacks Into the Gale, Battening No Hatches: Part 2

The FTC Tacks Into the Gale, Battening No Hatches: Part 1

The Evolution of FTC Antitrust Enforcement – Highlights of Its Origins and Major Trends 1910-1914 – Creation and Launch The election of 1912, which led to the creation of the Federal Trade Commission (FTC), occurred at the apex of the Progressive Era. Since antebellum times, Grover Cleveland had been the only Democrat elected as president. ... The FTC Tacks Into the Gale, Battening No Hatches: Part 1

Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics

After much anticipation, the Department of Justice Antitrust Division and the Federal Trade Commission released a draft of the Vertical Merger Guidelines (VMGs) on January 10, 2020. The Global Antitrust Institute (GAI) will be submitting formal comments to the agencies regarding the VMGs and this post summarizes our main points. The Draft VMGs supersede the ... Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics

Tad Lipsky on Lessons From the Section 2 Context

Tad Lipsky is a partner in the law firm of Latham & Watkins LLP. The FTC’s struggle to provide guidance for its enforcement of Section 5’s Unfair Methods of Competition (UMC) clause (or not – some oppose the provision of forward guidance by the agency, much as one occasionally heard opposition to the concept of ... Tad Lipsky on Lessons From the Section 2 Context

Section 2 Symposium: Tad Lipsky on Framing the Debate

Tad Lipsky is a partner in the Washington, D.C. office of Latham & Watkins and a former Deputy Assistant Attorney General with the Department of Justice. When the Justice Department issued its Unilateral Conduct Report last September, it became an instant sensation not primarily because of its content, but because of a strident public critique ... Section 2 Symposium: Tad Lipsky on Framing the Debate