Showing archive for: “FTC”
New State Merger-Review Laws Could Harm US Economy
Various states are ramping up their review of proposed mergers and acquisitions. Both Washington and Colorado have enacted new pre-merger notification statutes that will take effect this summer, and other states have introduced or are considering similar legislation. These changes could impose major new costs on potential merging parties and harm the U.S. economy. In ... New State Merger-Review Laws Could Harm US Economy
Some Ups and Downs in the Realm of Consumer Protection
Consumer protection authority has long been a staple of the Federal Trade Commission’s (FTC) enforcement of the FTC Act, beginning with the 1938 Wheeler-Lea amendments to the agency’s establishing statute. And Congress drew an express connection between the FTC’s competition and consumer protection authorities with the introduction of Section 5(n) of the FTC Act, which ... Some Ups and Downs in the Realm of Consumer Protection
The Modern FTC and Distinguishing Humphrey’s Executor
President Donald Trump is off to a fast start in his second term in the White House. Along with a bevy of other consequential actions, the president has called into question the constitutionality of the Federal Trade Commission’s (FTC) independence. At first blush, the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor v. United States ... The Modern FTC and Distinguishing Humphrey’s Executor
A Hipster and a Hillbilly Walk into a Bar
A curious political convergence has been reshaping U.S. antitrust policy. Conservative populists have found common cause with the so-called “neo-Brandeisians” of the left—named for the late Supreme Court Justice Louis Brandeis—in seeking to challenge big business, particularly the tech giants. While both cohorts’ concerns about concentrated power deserve attention, their shared willingness to abandon the ... A Hipster and a Hillbilly Walk into a Bar
RIP RPA?
No, not quite. Frequent readers of my Truth on the Market posts (and I hope that the plural form is not self-delusion) may recall my March musings about “What Changes Might, and Should, a New FTC Majority Bring?” I wondered whether a new Federal Trade Commission (FTC) majority might drop, among other things, the rushed ... RIP RPA?
Antitrust Applies to Unions as Well as to Employers
The Trump administration has signaled its interest in applying antitrust law to protect workers from harm. Business conduct that distorts competition in labor markets is, indeed, covered by the antitrust laws, and various labor-related antitrust-enforcement initiatives have been undertaken in recent years. In contrast, labor-union collective bargaining to improve wages and conditions of employment is ... Antitrust Applies to Unions as Well as to Employers
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)
Trump Trade Talks Plus Deregulation Could Spur Faster Economic Growth
Recent headlines about short-term swings in tariffs and stock-market volatility make good journalistic copy, but they ignore a much bigger story. Possible deregulatory improvements and reductions in international trade barriers have the potential to usher in a period of faster economic growth that could benefit all Americans. Two recent initiatives instituted by President Donald Trump ... Trump Trade Talks Plus Deregulation Could Spur Faster Economic Growth
New York’s Failed Economic Case for Price-Gouging Enforcement
A major winter storm across northern New York State in January 1998 snapped power lines and left thousands without electricity, as temperatures plunged. In the small town of Chazy, just south of the Canadian border, a local hardware store stepped up. Chazy Hardware had just one generator on hand, but it managed to locate 54 ... New York’s Failed Economic Case for Price-Gouging Enforcement
President Trump Takes Aim at Anticompetitive Regulatory Barriers
Anticompetitive regulatory distortions are a major drag on the U.S. economy. President Donald Trump’s April 9 “Executive Order on Reducing Anti-Competitive Regulatory Barriers” has the potential to drive dramatic U.S. economic growth. Implementation of the executive order may be expected to face legal challenges and opposition from special interests who benefit from the status quo. A substantial ... President Trump Takes Aim at Anticompetitive Regulatory Barriers
The FTC’s Zombie Antitrust Action Against Meta Continues to Lurch Forward
FTC v. Meta Platforms Inc. has gone to court, and trial is just underway in the U.S. District Court for the District of Columbia. The Federal Trade Commission (FTC) alleges that Meta is currently, in 2025, engaged in monopolization in violation of Section 2 of the Sherman Antitrust Act by dint of having acquired Instagram ... The FTC’s Zombie Antitrust Action Against Meta Continues to Lurch Forward
Network Effects in FTC v Meta
The Federal Trade Commission’s (FTC) ongoing antitrust case against Meta has brought network effects into the spotlight, as the agency’s complaint and opening statement both lean heavily on networks as a source of competitive harm. But the commission’s arguments fundamentally misunderstand how network effects interact with competition in digital markets. Far from being solely anticompetitive ... Network Effects in FTC v Meta
