The Archives

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

Showing archive for:  “FTC”

FTC Biweekly UMC Roundup – Mountain of Puffery Edition

Research still matters, so I recommend video from the Federal Trade Commission’s 15th Annual Microeconomics Conference, if you’ve not already seen it. It’s a valuable event, and it’s part of the FTC’s still important statutory-research mission. It also reminds me that the FTC’s excellent, if somewhat diminished, Bureau of Economics still has no director; Marta ... FTC Biweekly UMC Roundup – Mountain of Puffery Edition

7 Big Questions About the Open App Markets Act

With just a week to go until the U.S. midterm elections, which potentially herald a change in control of one or both houses of Congress, speculation is mounting that congressional Democrats may seek to use the lame-duck session following the election to move one or more pieces of legislation targeting the so-called “Big Tech” companies. ... 7 Big Questions About the Open App Markets Act

FTC Biweekly UMC Roundup – Refugee from the FTC Edition

Faithful and even occasional readers of this roundup might have noticed a certain temporal discontinuity between the last post and this one. The inimitable Gus Hurwitz has passed the scrivener’s pen to me, a recent refugee from the Federal Trade Commission (FTC), and the roundup is back in business. Any errors going forward are mine. ... FTC Biweekly UMC Roundup – Refugee from the FTC Edition

FTC on the Gig Economy: The Glass is Almost Empty

The business press generally describes the gig economy that has sprung up around digital platforms like Uber and TaskRabbit as a beneficial phenomenon, “a glass that is almost full.” The gig economy “is an economy that operates flexibly, involving the exchange of labor and resources through digital platforms that actively facilitate buyer and seller matching.” ... FTC on the Gig Economy: The Glass is Almost Empty

Damn the Economics, Full Speed Ahead!

A White House administration typically announces major new antitrust initiatives in the fall and spring, and this year is no exception. Senior Biden administration officials kicked off the fall season at Fordham Law School (more on that below) by shedding additional light on their plans to expand the accepted scope of antitrust enforcement. Their aggressive ... Damn the Economics, Full Speed Ahead!

Taking Cost-Benefit Analysis Seriously in Consumer-Data Regulation

In its Advance Notice for Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security, the Federal Trade Commission (FTC) has requested public comment on an unprecedented initiative to promulgate and implement wide-ranging rules concerning the gathering and use of consumer data in digital markets. In this contribution, I will assume, for the sake of argument, ... Taking Cost-Benefit Analysis Seriously in Consumer-Data Regulation

The FTC’s Pre-Acquisition Review Requirement for All Meta Deals: Hyper-Regulatory, Anti-Free Market, Anti-Rule of Law, and Anti-Consumer

The Federal Trade Commission (FTC) wants to review in advance all future acquisitions by Facebook parent Meta Platforms. According to a Sept. 2 Bloomberg report, in connection with its challenge to Meta’s acquisition of fitness-app maker Within Unlimited,  the commission “has asked its in-house court to force both Meta and [Meta CEO Mark] Zuckerberg to ... The FTC’s Pre-Acquisition Review Requirement for All Meta Deals: Hyper-Regulatory, Anti-Free Market, Anti-Rule of Law, and Anti-Consumer

Potential Rulemaking on Commercial Surveillance and Data Security: The FTC Must Use Cost-Benefit Analysis

The Federal Trade Commission’s (FTC) Aug. 22 Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security (ANPRM) is breathtaking in its scope. For an overview summary, see this Aug. 11 FTC press release. In their dissenting statements opposing ANPRM’s release, Commissioners Noah Phillips and Christine Wilson expertly lay bare the notice’s serious deficiencies. ... Potential Rulemaking on Commercial Surveillance and Data Security: The FTC Must Use Cost-Benefit Analysis

Are All Mergers Inherently Anticompetitive?

A recent viral video captures a prevailing sentiment in certain corners of social media, and among some competition scholars, about how mergers supposedly work in the real world: firms start competing on price, one firm loses out, that firm agrees to sell itself to the other firm and, finally, prices are jacked up.(Warning: Keep the ... Are All Mergers Inherently Anticompetitive?

FTC UMC Roundup – Call for Submissions Edition

It’s been a busy summer, and promises to be a busier fall. So the UMC Roundup is on hiatus this week. But because the news doesn’t stop even when we do, we’re using this week’s Roundup to announce a call for submissions relating to the FTC’s ANPR on Commercial Surveillance and Data Security. Submissions relating ... FTC UMC Roundup – Call for Submissions Edition

FTC Launches Commercial Surveillance Rulemaking

The Federal Trade Commission (FTC) launched one of the most ambitious rulemakings in agency history Aug. 11, with its 3-2 vote to initiate Advance Notice of Proposed Rulemaking (ANPRM) on commercial surveillance and data security. The divided vote, which broke down on partisan lines, stands in stark contrast to recent bipartisan efforts on Capitol Hill, ... FTC Launches Commercial Surveillance Rulemaking

Three Big Pitfalls in the Way of Lina Khan’s Agenda

In a recent op-ed for the Wall Street Journal, Svetlana Gans and Eugene Scalia look at three potential traps the Federal Trade Commission (FTC) could trigger if it pursues the aggressive rulemaking agenda many have long been expecting. From their opening: FTC Chairman Lina Khan has Rooseveltian ambitions for the agency. … Within weeks the FTC is ... Three Big Pitfalls in the Way of Lina Khan’s Agenda