California Dreamin’ or an Antitrust Nightmare?
California is about to run a live-fire experiment in antitrust—and the working hypothesis appears to be that decades of case law and economic learning were optional. In January, I published a short post—“Rewriting Antitrust, California Style”—that touched on the inner workings (machinations?) of the California Law Review Commission (CLRC). I flagged concerns about the staff’s ... California Dreamin’ or an Antitrust Nightmare?
Speech, Section 5, and Some Curious Scribbling: A First Amendment Story
The line between regulating conduct and regulating speech can be thin—and sometimes, suspiciously convenient. Last week, my International Center for Law & Economics (ICLE) colleagues Ben Sperry and Jeff Westling published a post here at Truth on the Market titled “The FCC’s Sleeping Power over the Press.” It’s not about antitrust, but it’s well worth ... Speech, Section 5, and Some Curious Scribbling: A First Amendment Story
Section 5 Soup: The Still-Secret Recipe to the FTC’s PBM Case
The Federal Trade Commission (FTC) just announced a “landmark” settlement with one of the nation’s largest pharmacy benefit managers (PBMs). The problem is that it doesn’t actually end the PBM case—and it raises as many questions as it answers. In its settlement with Express Scripts Inc. (ESI) and its affiliated entities, the agency says the ... Section 5 Soup: The Still-Secret Recipe to the FTC’s PBM Case
Antitrust at the Agencies: Vacaturs and Vacancies Edition
Gail Slater has left the building. And that’s a shame, I think. On Feb. 12, Slater posted the following on X: It is with great sadness and abiding hope that I leave my role as AAG for Antitrust today. It was indeed the honor of a lifetime to serve in this role. Huge thanks to ... Antitrust at the Agencies: Vacaturs and Vacancies Edition
Antitrust at the Agencies: More Process, Mo’ Money Edition
The White House announced a slate of administrative nominations Jan. 13, including David MacNeil—founder and CEO of WeatherTech—to fill the Federal Trade Commission (FTC) seat vacated by Melissa Holyoak, who left last November to serve as interim U.S. attorney for the District of Utah. MacNeil made his fortune by importing and later manufacturing (here in ... Antitrust at the Agencies: More Process, Mo’ Money Edition
Antitrust at the Agencies: The Business We Have Chosen Edition
These are interesting times and competition policy—let alone Federal Trade Commission (FTC) style consumer protection—may not top most people’s list of urgent concerns. But as a certain film character put it, this is the business we have chosen. So with that: Happy New Year! A Good Day at the Bureau of Competition The FTC’s Bureau ... Antitrust at the Agencies: The Business We Have Chosen Edition
Antitrust at the Agencies: Meta Analysis Edition
The memorandum and order in FTC v. Meta Platforms Inc. that U.S. District Court Judge James E. Boasberg filed Nov. 18, ruling in favor of Meta, has now been followed by a Dec. 2 revised order that contained fewer redactions. The memorandum doesn’t exactly provide the law & economics analysis I would have produced, had ... Antitrust at the Agencies: Meta Analysis Edition
My Fellow Americans, Our Long National Nightmare/Recent 43-Day Congressional Dysfunction Is Over
I’m not sure I’ve quoted Gerald Ford here before, but never mind that. The big news at the agencies—not least the antitrust agencies, but in this case, all of them—is that we the people of the United States of America are once more, as a polity, back in “business.” The federal government is now funded ... My Fellow Americans, Our Long National Nightmare/Recent 43-Day Congressional Dysfunction Is Over
Antitrust at the Agencies: Happy New Year 5786 Edition
It’s the beginning of a new year for some of us, so let me wish all of you a good year, and a sweet year, even if you don’t know what I’m talking about. Private Anticompetitive Censorship Continued? Turning back to the agency beat: in a Sept. 7 guest essay in The New York Times, ... Antitrust at the Agencies: Happy New Year 5786 Edition
The Iliad, the Odyssey, and the Amazon
A Sept. 25 press release from the Federal Trade Commission (FTC) declares a sort of victory: “FTC Secures Historic $2.5 Billion Settlement Against Amazon.” The settlement comes in the infamous “dark patterns” case, where—as the press release reminds us—the agency “alleged that Amazon used deceptive methods to sign up consumers for Prime subscriptions and made ... The Iliad, the Odyssey, and the Amazon
Antitrust at the Agencies: Moderation in All Things Edition
This Just In Judge Amit P. Mehta’s memorandum opinion in the Google Search case has dropped. It’s 230 pages, and I’ve merely skimmed it. A careful discussion–from me or anyone else–will wait a bit. For now, the remedies are quite a bit more than Google had proposed, but at the same time, a good deal ... Antitrust at the Agencies: Moderation in All Things Edition
The More Things Change: Exits, Reversals, and the Revolving Door
I’d like to begin with a tip of the hat to my former Federal Trade Commission (FTC) colleague Tara Koslov, who recently announced her retirement from the FTC after more than 28 years of service. Tara and I agreed on much, but far from everything. Heck, I have it on good authority that she hated ... The More Things Change: Exits, Reversals, and the Revolving Door
