Showing archive for: “FTC”
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
Gotta Catch ’Em All? Antitrust and the AI Talent Wars
The AI talent wars have produced a steady stream of stories that seem tailor-made to confirm everyone’s worst suspicions about Big Tech: nine-figure pay packages for star researchers, entire startup teams absorbed without a formal acquisition, and—most strikingly—reports of elite AI scientists paid handsomely to do nothing for a year under “garden leave” arrangements rather ... Gotta Catch ’Em All? Antitrust and the AI Talent Wars
The FTC’s Robinson-Patman Hangover
There is no special virtue in seeing a bad case through to the bitter end. At some point, persistence looks less like principle and more like a sunk cost with a docket number. Last week, I wrote about the Federal Trade Commission’s (FTC’s) appeal in FTC v. Meta Platforms. The appeal seems to me a ... The FTC’s Robinson-Patman Hangover
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
17 Million Pairings, Zero Proof
The Federal Trade Commission’s (FTC) lawsuit against Southern Glazer’s Wine & Spirits looks increasingly like a case in search of both a theory—and the facts to support it. In FTC v. Southern Glazer’s Wine & Spirits, the FTC alleges that the distributor violated the Robinson-Patman Act by offering better prices to some retailers than others, ... 17 Million Pairings, Zero Proof
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: 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
Instacart Didn’t Read Your Mind. It Ran an A/B Test.
On a Thursday in early September, more than 40 strangers logged into Instacart to buy eggs and test a hypothesis. They all selected the same store, the same brand, and the same pickup option. The only difference was the price they were offered: $3.99 for some, $4.79 for others. We are, of course, supposed to ... Instacart Didn’t Read Your Mind. It Ran an A/B Test.
Nobel Prize Winners’ Work Supports Dynamic Antitrust Enforcement
Antitrust should center on dynamic market forces that drive major technological change, rather than on static “big is bad” market analysis, based on the work of the 2025 economics Nobel Prize winners. Antitrust enforcers in the United States and around the world could benefit by incorporating these insights into their policy development. Focus on Dynamic ... Nobel Prize Winners’ Work Supports Dynamic Antitrust Enforcement
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
