Showing archive for: “FTC”
Antitrust at the Agencies: National Nanny Hangover Edition
The Federal Trade Commission’s (FTC) rulemaking machinery is humming again. Is it being tuned for optimal performance—or revved for another trip into the ditch? Most of the current action has to do with consumer protection. That’s par for the course, really. Apart from issuing the ill-fated noncompete rule, since vacated—comments here if anyone wants a ... Antitrust at the Agencies: National Nanny Hangover Edition
Addicted to Vagueness: Lawmakers Can’t Regulate Social Media by Vibes
A lawsuit over infinite scroll sounds, at first blush, like a fight over product design. Make the app less sticky. Stop nudging teens to keep scrolling. Turn down the algorithmic dopamine machine. But the harder constitutional question is whether courts can do all that through broad, after-the-fact liability standards without telling platforms what the law ... Addicted to Vagueness: Lawmakers Can’t Regulate Social Media by Vibes
Grow the Pie, Skip the Sermon
In a recent Substack essay, “The progress movement needs a better theory of progress,” Brink Lindsey argues that the progress movement has settled for too thin a vision. It focuses on wealth creation and technological advance, he says, when it should adopt a “fuller conception of progress”—one that promotes “spiritual welfare” and thicker accounts of ... Grow the Pie, Skip the Sermon
False Positives, Real Casualties: The High Price of Populist Antitrust
Spirit Airlines was supposed to be the “maverick” antitrust saved from JetBlue. Instead, the deal died, Spirit followed it into bankruptcy, and the maverick exited the market altogether. That is an awkward result for a merger challenge brought in the name of preserving competition—and a useful place to start a broader reconsideration of error costs. ... False Positives, Real Casualties: The High Price of Populist Antitrust
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
Turning Down the Thinking: A Law & Economics Trilogue on AI Throttling
Three section leads at the International Center for Law & Economics (ICLE) read the same viral GitHub post and reached three different conclusions. Call it a trilogue—three views, one problem, and a technology that refuses to sit still. The GitHub issue filed last week against Anthropic’s Claude Code product carried a blunt title: “Claude Code ... Turning Down the Thinking: A Law & Economics Trilogue on AI Throttling
Acquihires and Antitrust: When Buying the Team Isn’t Buying the Company
The Federal Trade Commission (FTC) has trained its sights on one of Silicon Valley’s most familiar deal structures: the “acquihire.” In a Bloomberg podcast interview, FTC Chair Andrew Ferguson said the agency plans to scrutinize how acquihires are structured—looking for features that could bring them within merger law and trigger Hart-Scott-Rodino Act (HSR) reporting thresholds. ... Acquihires and Antitrust: When Buying the Team Isn’t Buying the Company
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
Speech, Section 5, and Some Curious Scribbling: A First Amendment Story
The line between regulating conduct and regulating speech can be thin—and sometimes, suspiciously convenient. Last week, my International Center for Law & Economics (ICLE) colleagues Ben Sperry and Jeff Westling published a post here at Truth on the Market titled “The FCC’s Sleeping Power over the Press.” It’s not about antitrust, but it’s well worth ... Speech, Section 5, and Some Curious Scribbling: A First Amendment Story
Acquihires and Other Antitrust Ghost Stories
Merger-control debates tend to repeat themselves. As new transaction forms emerge, regulators often move quickly to respond before harm becomes irreversible. Over the past decade, this pattern played out in debates over “killer acquisitions,” and earlier, minority shareholdings. Today, a similar dynamic surrounds so-called “acquihires.” Acquihires are transactions aimed primarily at acquiring a firm’s workforce, ... Acquihires and Other Antitrust Ghost Stories
When a Blue Checkmark Becomes a €120 Million Problem
The European Commission’s first major enforcement action under the Digital Services Act (DSA) offers an early glimpse of how the European Union intends to regulate large digital platforms—and how far that approach may diverge from the U.S. model. The DSA is an EU regulation governing how online intermediary services operate, including social-media platforms, online marketplaces, ... When a Blue Checkmark Becomes a €120 Million Problem
Section 5 Soup: The Still-Secret Recipe to the FTC’s PBM Case
The Federal Trade Commission (FTC) just announced a “landmark” settlement with one of the nation’s largest pharmacy benefit managers (PBMs). The problem is that it doesn’t actually end the PBM case—and it raises as many questions as it answers. In its settlement with Express Scripts Inc. (ESI) and its affiliated entities, the agency says the ... Section 5 Soup: The Still-Secret Recipe to the FTC’s PBM Case
