Showing archive for: “Administrative Law”
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
To Close the Digital Divide, Broadband Infrastructure Funds Must Be Spent Efficiently
States seeking broadband-deployment grants under the federal Broadband Equity, Access, and Deployment (BEAD) program created by last year’s infrastructure bill now have some guidance as to what will be required of them, with the National Telecommunications and Information Administration (NTIA) issuing details last week in a new notice of funding opportunity (NOFO). All things considered, ... To Close the Digital Divide, Broadband Infrastructure Funds Must Be Spent Efficiently
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
How the FTC Could, but Won’t, Use Its Rulemaking Authority to Allow Aftermarket Parts
We used to have a robust aftermarket for non-original equipment manufacturer (OEM) automobile repair parts and “independent” repair services, but car companies have increasingly resorted to design-patent protection to prevent competition in the supply of cosmetic repair parts such as bumpers, hoods, panels, and mirrors. The predictable and intended consequence has been to raise prices ... How the FTC Could, but Won’t, Use Its Rulemaking Authority to Allow Aftermarket Parts
Regulating Competition at the FTC
Introduction In November 2021, the Federal Trade Commission (FTC) published a draft strategic plan for fiscal years 2022-2026 that previewed its vision for enforcement without the rule of reason guiding the analysis and without consumer welfare defining the objective. The draft plan dropped a longstanding commitment from the FTC’s previous strategic plans to foster “vigorous ... Regulating Competition at the FTC
Rules Without Reason
In his July Executive Order, President Joe Biden called on the Federal Trade Commission (FTC) to consider making a series of rules under its purported authority to regulate “unfair methods of competition.”[1] Chair Lina Khan has previously voiced her support for doing so.[2] My view is that the Commission has no such rulemaking powers, and ... Rules Without Reason
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
Making Rules vs Ruling
In an effort to fight inflation, the Federal Open Market Committee raised interest rates to 20% over the course of 1980 and 1981, triggering a recession that threw more than 4 million Americans, many in well-paying manufacturing jobs, out of work. As it continues to do today, the committee met in secret and explained its ... Making Rules vs Ruling
NEW VOICES: FTC Rulemaking for Noncompetes
On July 9, 2021, President Joe Biden issued an executive order asking the Federal Trade Commission (FTC) to “curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.” This executive order raises two questions. First, does the FTC have the authority to issue such a rule? And ... NEW VOICES: FTC Rulemaking for Noncompetes
FTC Rulemaking and Unintended Consequences
For obvious reasons, many scholars, lawyers, and policymakers are thinking hard about whether the Federal Trade Commission (FTC) has authority to promulgate substantive “unfair methods of competition” (UMC) regulations. I first approached this issue a couple of years ago when the FTC asked me to present on the agency’s rulemaking powers. For my presentation, I ... FTC Rulemaking and Unintended Consequences
The FTC Abandons the Free Market
In December 2021, the Federal Trade Commission (FTC) released its statement of regulatory priorities for 2022, which describes its intention to expand the agency’s rulemaking activities to target “unfair methods of competition” (UMC) under Section 5 of the Federal Trade Commission Act (FTC Act), in addition to (and in some cases, presumably in place of) ... The FTC Abandons the Free Market
