Showing archive for: “FTC”
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
Vintage Statute, Sour Results: The Robinson-Patman Revival in FTC v. Southern Glazer’s
Toward the end of the Biden administration, the Federal Trade Commission (FTC) sought to revive the Robinson-Patman Act of 1936 (RPA), a statute federal enforcers had largely shelved for three decades. The law is also enforceable by private plaintiffs who claim antitrust injury from RPA violations. Enacted during the Great Depression to shield small grocers ... Vintage Statute, Sour Results: The Robinson-Patman Revival in FTC v. Southern Glazer’s
Fraud, PBMs, and the Cost of Looking the Other Way
Last month, the U.S. House Judiciary Committee released an interim staff report examining CVS Health’s relationships with digital pharmacy services. Led by Chairman Jim Jordan (R-Ohio), the report takes aim at a core policy concern: rising health-care costs. It frames competition and innovation as central tools for addressing those costs, a welcome emphasis in a ... Fraud, PBMs, and the Cost of Looking the Other Way
Brightline Rules and Case-by-Case Courts: The DMA and Epic v Apple
Brightline rules promise clarity. The early enforcement record suggests something closer to friction. Part I of this two-part series examined how mobile app-store anti-steering policies—rules that restrict developers from directing users to alternative offers or payment portals outside the app store—affect competition, consumers, and innovation. It also compared those policies with the restrictions upheld in ... Brightline Rules and Case-by-Case Courts: The DMA and Epic v Apple
Antitrust at the Agencies: More Process, Mo’ Money Edition
The White House announced a slate of administrative nominations Jan. 13, including David MacNeil—founder and CEO of WeatherTech—to fill the Federal Trade Commission (FTC) seat vacated by Melissa Holyoak, who left last November to serve as interim U.S. attorney for the District of Utah. MacNeil made his fortune by importing and later manufacturing (here in ... Antitrust at the Agencies: More Process, Mo’ Money Edition
How a Bad Presumption Became Too Useful to Kill
The Philadelphia National Bank (PNB) presumption refuses to die. Long criticized and widely viewed as bad policy, it survives today in slightly attenuated form, and there is no sign that Trump-appointed antitrust enforcers plan to bury it. If anything, the 2023 Merger Guidelines, still in force, double down on the presumption more than their predecessors. ... How a Bad Presumption Became Too Useful to Kill
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.
Facebook Antitrust Win May Have Broad Policy Implications
A Nov. 18 federal trial court decision favoring Facebook is the first decisive win for a “Big Tech” digital platform in a suit brought by the federal government. U.S. District Court Judge Jed Boasberg’s opinion striking down the Federal Trade Commission’s (FTC) monopolization suit against Meta appears sound and well-reasoned and will be hard to ... Facebook Antitrust Win May Have Broad Policy Implications
My Fellow Americans, Our Long National Nightmare/Recent 43-Day Congressional Dysfunction Is Over
I’m not sure I’ve quoted Gerald Ford here before, but never mind that. The big news at the agencies—not least the antitrust agencies, but in this case, all of them—is that we the people of the United States of America are once more, as a polity, back in “business.” The federal government is now funded ... My Fellow Americans, Our Long National Nightmare/Recent 43-Day Congressional Dysfunction Is Over
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
What Competition Scholars Should Know About the 2025 Economics Nobel
The 2025 Economics Nobel went to Joel Mokyr, Philippe Aghion, and Peter Howitt for exploring innovation-driven economic growth. I already wrote a general explainer about the prize. Here I want to make a different claim: If you work in antitrust, you should pay particular attention to their scholarship. Their work, especially that of Aghion and ... What Competition Scholars Should Know About the 2025 Economics Nobel
