The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “FTC Act”

The Case of the Missing Sale: The FTC’s Personalized-Pricing Blind Spot

Suppose a retailer charges $10 for a service. One customer values it at $11 and buys it. Another values it at $8 and walks away. The retailer sends the second customer a $3 coupon. She pays $7, gets something worth $8 to her, and the retailer makes a sale it otherwise would have missed. The ... The Case of the Missing Sale: The FTC’s Personalized-Pricing Blind Spot

Your Price May Vary: The FTC’s Personalized-Pricing Puzzle

A price that knows your name may be creepy. It may also be a bargain. That ambiguity sits at the heart of the Federal Trade Commission’s (FTC) proposed enforcement policy statement on personalized pricing, which opens with a candid admission: The practice is “not well understood,” and its effects on consumers remain “unclear.” That uncertainty ... Your Price May Vary: The FTC’s Personalized-Pricing Puzzle

A Fee Too Far: Merchants, Surcharges, and the War on Plastic

Earlier this summer, my family took a vacation to Ocean City, Maryland, where the boardwalk offered ice cream, souvenirs, and an unexpected lesson in payment economics. Every retailer we visited added a surcharge of at least 3% for credit-card payments, yet not one posted a sign. I discovered the charges only later, while checking my ... A Fee Too Far: Merchants, Surcharges, and the War on Plastic

No-Fly Zone: Why AI Doesn’t Need Helicopter Regulation

When a new product or service appears, some public officials default to helicopter regulation. The instinct to “do something, anything” rarely pays off—just ask helicopter parents and their kids. An overbearing approach drains the finite resources of lawmakers, enforcement agencies, and innovators. The public bears the cost: officials fixate on a single issue instead of ... No-Fly Zone: Why AI Doesn’t Need Helicopter Regulation

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

Back to the Future (of Competition Research and Advocacy)

The Federal Trade Commission (FTC) announced April 14 that it has “launched a public inquiry into the impact of federal regulations on competition, with the goal of identifying and reducing anticompetitive regulatory barriers.” A request for public comment (RPC) on the inquiry has also been published in the Federal Register.  Bravo. The inquiry will not ... Back to the Future (of Competition Research and Advocacy)

Why Trump May Consolidate Federal Antitrust Enforcement

President-elect Donald Trump’s new “Department of Government Efficiency” has been tasked with providing advice and guidance on reducing government waste and restructuring federal agencies. One act of restructuring that may warrant consideration would involve consolidating all federal antitrust enforcement within the U.S. Justice Department (DOJ). There are strong arguments that this would reduce waste. In addition, ... Why Trump May Consolidate Federal Antitrust Enforcement

The FTC World Keeps On Turning

You’re no doubt aware that we’ve had a presidential election since my last column. Agency news seems pallid, in comparison, but those of you who’ve come here looking for deep insights into what it all means are liable to be disappointed, not to mention zero in number. “The Meaning of Life” is a movie by ... The FTC World Keeps On Turning

Antitrust at the Agencies: The Meat of the Matter Edition

The Federal Trade Commission (FTC) issued comments Sept. 11 in support of a proposed U.S. Department of Agriculture (USDA) rule that “seeks to clarify the scope of what constitutes unfair practices under the Packers and Stockyards Act (PSA), which assures fair competition and fair trade practices to protect farmers, ranchers, growers, and consumers.” In the ... Antitrust at the Agencies: The Meat of the Matter Edition

Antitrust at the Agencies: Just When I Thought I Was Out Edition

Noncompetes have been a subject of much interest here at Truth on the Market (see Alden Abbott, Brian Albrecht, Corbin Barthold, Gus Hurwitz, Richard Pierce Jr., and your humble-if-obsessive scribe here, here, here, here, and here). They’re also something I’ve studied independently—first, at the Federal Trade Commission (FTC) and then, for example, here.  I was ... Antitrust at the Agencies: Just When I Thought I Was Out Edition

Antitrust at the Agencies Roundup: Supply Chains, Noncompetes, and Greedflation

The big news from the agencies may be the lawsuit filed today by the U.S. Justice Department (DOJ) and 16 states against Apple alleging monopoly maintenance in violation of Section 2 of the Sherman Act. It’s an 86-page complaint and it’s just out. I’ll write more about it next week. Two quick observations: First, the ... Antitrust at the Agencies Roundup: Supply Chains, Noncompetes, and Greedflation

Will the FTC Scupper the Kroger/Albersons Merger?

The press is abuzz with news about the Federal Trade Commission’s (FTC) Feb. 26 announcement that it would challenge the proposed Kroger/Albertsons mega-supermarket merger, which had been in the works since the fall of 2022. If the FTC succeeds in obtaining a temporary restraining order and preliminary injunction in Oregon federal district court (a big ... Will the FTC Scupper the Kroger/Albersons Merger?