Showing archive for: “FTC Act”
FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the FTC Act. The Statement of Enforcement Principles represents a significant victory for Commissioner Joshua Wright, who has been a tireless advocate for ... FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
The FTC, not the FCC, Should Police Internet Abuses
The FCC’s proposed “Open Internet Order,” which would impose heavy-handed “common carrier” regulation of Internet service providers (the Order is being appealed in federal court and there are good arguments for striking it down) in order to promote “net neutrality,” is fundamentally misconceived. If upheld, it will slow innovation, impose substantial costs, and harm consumers ... The FTC, not the FCC, Should Police Internet Abuses
Commissioner Wright Rightly Calls the Question on Section 5 Guidance
Anybody who has spent much time with children knows how squishy a concept “unfairness” can be. One can hear the exchange, “He’s not being fair!” “No, she’s not!,” only so many times before coming to understand that unfairness is largely in the eye of the beholder. Perhaps it’s unfortunate, then, that Congress chose a century ... Commissioner Wright Rightly Calls the Question on Section 5 Guidance
The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
In its February 25 North Carolina Dental decision, the U.S. Supreme Court, per Justice Anthony Kennedy, held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. In so ruling, the Court struck a significant ... The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech
In a previous Truth on the Market blog posting, I noted that the FTC recently revised its “advertising substantiation” policy in a highly problematic manner. In particular, in a number of recent enforcement actions, an FTC majority has taken the position that it will deem advertising claims “deceptive” unless they are supported by two randomized ... D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech
Why a Common Law Approach to Defining “Unfair Methods of Competition” Won’t Work
Section 5 of the Federal Trade Commission Act proclaims that “[u]nfair methods of competition . . . are hereby declared unlawful.” The FTC has exclusive authority to enforce that provision and uses it to prosecute Sherman Act violations. The Commission also uses the provision to prosecute conduct that doesn’t violate the Sherman Act but is, ... Why a Common Law Approach to Defining “Unfair Methods of Competition” Won’t Work
A Cost-Benefit Prescription for FTC Online Data Security Regulation
The U.S. Federal Trade Commission (FTC) continues to expand its presence in online data regulation. On August 13 the FTC announced a forthcoming workshop to explore appropriate policies toward “big data,” a term used to refer to advancing technologies that are dramatically expanding the commercial collection, analysis, use, and storage of data. This initiative follows ... A Cost-Benefit Prescription for FTC Online Data Security Regulation
Highlights from Josh Wright’s Interview in The Antitrust Source
Anyone interested in antitrust enforcement policy (and what TOTM reader isn’t?) should read FTC Commissioner Josh Wright’s interview in the latest issue of The Antitrust Source. The extensive (22 page!) interview covers a number of topics and demonstrates the positive influence Commissioner Wright is having on antitrust enforcement and competition policy in general. Commissioner Wright’s ... Highlights from Josh Wright’s Interview in The Antitrust Source
The FTC’s in-app purchasing complaint against Amazon reflects its flawed, per se approach to unfairness
Today the FTC filed its complaint in federal district court in Washington against Amazon, alleging that the company’s in-app purchasing system permits children to make in-app purchases without parental “informed consent” constituting an “unfair practice” under Section 5 of the FTC Act. As I noted in my previous post on the case, in bringing this ... The FTC’s in-app purchasing complaint against Amazon reflects its flawed, per se approach to unfairness
The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com
The Wall Street Journal reports this morning that Amazon is getting — and fighting — the “Apple treatment” from the FTC for its design of its in-app purchases: Amazon.com Inc. is bucking a request from the Federal Trade Commission that it tighten its policies for purchases made by children while using mobile applications. In a letter to the FTC ... The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com
FTC at a crossroads: The McWane case
Anyone familiar with the antitrust newstream realizes there is a tremendous amount of controversy about the Federal Trade Commission’s administrative litigation process. Unlike the Antitrust Division which fights its litigation battles in Federal Court, the FTC has a distinct home court advantage. FTC antitrust cases are typically litigated administratively with a trial conducted before an ... FTC at a crossroads: The McWane case
Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
Late this summer, TOTM hosted a blog symposium on potential guidelines for the Federal Trade Commission’s exercise of its “unfair methods of competition” authority under Section 5 of the FTC Act. Commissioner Josh Wright inspired the symposium by proposing a set of enforcement guidelines for the Commission. Shortly thereafter, Commissioner Maureen Ohlhausen proposed her own guidelines, which were largely consistent with ... Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
