Showing archive for: “FTC Act”
Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
I’ve spent the last few days in DC at the ABA Antitrust Section’s Spring Meeting. The Spring Meeting is the extravaganza of the year for antitrust lawyers, bringing together leading antitrust practitioners, enforcers, and academics for in-depth discussions about developments in the law. It’s really a terrific event. I was honored this year to have ... Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
Criticizing the FTC’s Proposed Order in the Google Patent Antitrust Case
I filed comments today on the FTC’s proposed Settlement Order in the Google standards-essential patents (SEPs) antitrust case. The Order imposes limits on the allowable process for enforcing FRAND licensing of SEPs, an area of great complexity and vigorous debate among industry, patent experts and global standards bodies. The most notable aspect of the order ... Criticizing the FTC’s Proposed Order in the Google Patent Antitrust Case
Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check
A debate is brewing in Congress over whether to allow the Federal Trade Commission to sidestep decades of antitrust case law and economic theory to define, on its own, when competition becomes “unfair.” Unless Congress cancels the FTC’s blank check, uncertainty about the breadth of the agency’s power will chill innovation, especially in the tech ... Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check
Section 5 of the FTC Act and monopolization cases: A brief primer
In the past two weeks, Members of Congress from both parties have penned scathing letters to the FTC warning of the consequences (both to consumers and the agency itself) if the Commission sues Google not under traditional antitrust law, but instead by alleging unfair competition under Section 5 of the FTC Act. The FTC is rumored to be ... Section 5 of the FTC Act and monopolization cases: A brief primer
When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google
Last week, the FTC hired outside litigator Beth Wilkinson to lead an investigation into Google’s conduct, which some in the press have interpreted as a grave sign for the search company. The FTC is reportedly interested in pursuing Google under Section 5 of the FTC Act, which prohibits a firm from engaging in “unfair methods ... When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google
The folly of the FTC’s Section Five case against Google
In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson. The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google
Do Expert Agencies Outperform Generalist Judges? Some Preliminary Evidence from the Federal Trade Commission
I’ve posted a new project in progress (co-authored with Angela Diveley) to SSRN. In “Do Expert Agencies Outperform Generalist Judges?”, we attempt to examine the relative performance FTC Commissioners and generalist Article III federal court judges in antitrust cases and find some evidence undermining the oft-invoked assumption that Commission expertise leads to superior performance in ... Do Expert Agencies Outperform Generalist Judges? Some Preliminary Evidence from the Federal Trade Commission
FTC Closes UFC Investigation
Sports Illustrated: The Federal Trade Commission has concluded and closed a six-month, nonpublic investigation of Zuffa LLC., the owners of the Ultimate Fighting Championship, and will not take further action at this time, an FTC spokesperson confirmed to SI.com on Tuesday. According to closing letters to parties involved that were made public Tuesday, the FTC ... FTC Closes UFC Investigation
In re Pool Corporation: Yet Another Peculiar and Peverse Section 5 Consent from the FTC
TOTM readers know that I’ve long been skeptical of claims that expansive use of Section 5 of the FTC Act will prove productive for consumers. I’ve been critical of recent applications of Section 5 such as Intel and N-Data. Now comes yet another FTC consent decree in PoolCorp. I’m still skeptical. Indeed, PoolCorp appears to ... In re Pool Corporation: Yet Another Peculiar and Peverse Section 5 Consent from the FTC
Google, Vertical Integration, and Beer
First, Google had the audacity to include a map in search queries suggesting a user wanted a map. Consumers liked it. Then came video. Then, they came for the beer: Google’s first attempt at brewing has resulted in a beer that taps ingredients from all across the globe. They teamed up with Delaware craft brewery ... Google, Vertical Integration, and Beer
ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google
[I am participating in an online “debate” at the American Constitution Society with Professor Ben Edelman. The debate consists of an opening statement and concluding responses to be posted later in the week. Professor Edelman’s opening statement is here. I am cross-posting my opening statement here at TOTM. This is my closing statement] Professor Edelman’s ... ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google
What’s really motivating the pursuit of Google?
I have an op-ed up at Main Justice on FTC Chairman Leibowitz’ recent comment in response the a question about the FTC’s investigation of Google that the FTC is looking for a “pure Section Five case.” With Main Justice’s permission, the op-ed is re-printed here: There’s been a lot of chatter around Washington about ... What’s really motivating the pursuit of Google?
