Showing archive for: “FTC”
Interesting Upcoming Law and Economics Center Privacy Event
On Wednesday, March 18, our fellow law-and-economics-focused brethren at George Mason’s Law and Economics Center will host a very interesting morning briefing on the intersection of privacy, big data, consumer protection, and antitrust. FTC Commissioner Maureen Ohlhausen will keynote and she will be followed by what looks like will be a lively panel discussion. If you are in ... Interesting Upcoming Law and Economics Center Privacy Event
Commissioner Wright Rightly Calls the Question on Section 5 Guidance
Anybody who has spent much time with children knows how squishy a concept “unfairness” can be. One can hear the exchange, “He’s not being fair!” “No, she’s not!,” only so many times before coming to understand that unfairness is largely in the eye of the beholder. Perhaps it’s unfortunate, then, that Congress chose a century ... Commissioner Wright Rightly Calls the Question on Section 5 Guidance
The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
In its February 25 North Carolina Dental decision, the U.S. Supreme Court, per Justice Anthony Kennedy, held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. In so ruling, the Court struck a significant ... The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
Dan Crane: Fact Checking Kessler’s “Fact Checking” on Direct Distribution
The following post was authored by Dan Crane, the Frederick Paul Furth, Sr. Professor of Law at the University of Michigan Law School and an occasional TOTM contributor. Last week, I released a public interest group open letter in support of Tesla’s right to distribute its cars directly. The letter attracted quite a bit of ... Dan Crane: Fact Checking Kessler’s “Fact Checking” on Direct Distribution
D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech
In a previous Truth on the Market blog posting, I noted that the FTC recently revised its “advertising substantiation” policy in a highly problematic manner. In particular, in a number of recent enforcement actions, an FTC majority has taken the position that it will deem advertising claims “deceptive” unless they are supported by two randomized ... D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech
FTC Staff Report Misses the Mark on “Internet of Things” Regulation
Today the Federal Trade Commission (FTC) missed the mark in authorizing release of a staff report calling for legislation and regulation of the “Internet of Things.” The Internet of Things is already affecting the daily lives of millions of Americans through the adoption of health and fitness monitors, home security devices, connected cars and household ... FTC Staff Report Misses the Mark on “Internet of Things” Regulation
Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record
During the 2008 presidential campaign Barack Obama criticized the Bush Administration for “the weakest record of antitrust enforcement of any administration in the last half century” and promised “to reinvigorate antitrust enforcement.” In particular, he singled out allegedly lax monopolization and merger enforcement as areas needing improvement, and also vowed “aggressive action to curb the ... Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record
Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
On December 11 I published a Heritage Foundation Legal Memorandum on this topic. I concluded that the federal courts have done a fairly good job in harmonizing antitrust with constitutionally-based federalism and First Amendment interests (petitioning, free speech, and religious freedom). Nevertheless, it must be admitted that these “constitutional constraints” somewhat limit the ability of ... Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
Grading Obama Administration Antitrust Policy
During the 2008 presidential campaign, Barack Obama criticized the Bush Administration for “the weakest record of antitrust enforcement of any administration in the last half century” and promised “to reinvigorate antitrust enforcement.” Has the Obama Administration’s antitrust enforcement record over the last six years lived up to this extravagant promise? More specifically, what grade should ... Grading Obama Administration Antitrust Policy
Spicy Documents Serve up a Paltry Antitrust Meal
There is always a temptation for antitrust agencies and plaintiffs to center a case around so-called “hot” documents — typically company documents with a snippet or sound-bites extracted, some times out of context. Some practitioners argue that “[h]ot document can be crucial to the outcome of any antitrust matter.” Although “hot” documents can help catch ... Spicy Documents Serve up a Paltry Antitrust Meal
Time for the FTC to Reform its Advertising Substantiation Program
In my just published Heritage Foundation Legal Memorandum, I argue that the U.S. Federal Trade Commission (FTC) should substantially scale back its overly aggressive “advertising substantiation” program, which disincentivizes firms from providing the public with valuable information about the products they sell. As I explain: “The . . . [FTC] has a long history of ... Time for the FTC to Reform its Advertising Substantiation Program
Abuse of Dominance by Patentees: A Pro-Innovation Perspective
In my just-published article in The Antitrust Source, I argue that the law and economics literature on patents and error cost analysis demonstrate that the recent focus by U.S. (and foreign) antitrust enforcers on single-firm patent abuses is misplaced, and may reduce incentives to innovate. I recommend that antitrust enforcers focus instead on restrictions among ... Abuse of Dominance by Patentees: A Pro-Innovation Perspective
