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Showing archive for:  “FTC”

Is the FTC Moving to the National Gallery of Art?

The Federal Trade Commissioners have posted a letter to Congressmen John Mica and Nick Rahall, members of the House Transportation and Infrastructure Committee, “in response to legislative action by the Committee to transfer the historic FTC Building to the National Gallery of Art.”  I had not heard about any planned legislative action to move the ... Is the FTC Moving to the National Gallery of Art?

Dan Crane’s The Institutional Structure of Antitrust Enforcement

Dan Crane’s new book is now available from Oxford University Press (HT: Danny Sokol).  Dan has been a repeat visitor to TOTM, is a co-author, and his scholarship on is always insightful.  I suspect this book will become a standard reference in the growing antitrust institutions literature.  Here is the book description from the OUP ... Dan Crane’s The Institutional Structure of Antitrust Enforcement

Antitrust and ObamaCare

There is an interesting story developing on antitrust enforcement and collaboration between hospitals and doctors encouraged by the new health care law.  The New York Times reports: An influential Republican member of the Federal Trade Commission, J. Thomas Rosch, said that without “vigorous antitrust enforcement,” the new alliances of health care providers could reduce competition ... Antitrust and ObamaCare

Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences.  A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

Tim Wu to the FTC: What does it mean?

As you may have heard, Columbia lawprof and holder of the dubious distinction of having originated the term and concept of Net Neutrality, Tim Wu, is headed to the FTC as a senior advisor. Curiously, his guest stint runs for only about four and a half months.  As the WSJ reports: Mr. Wu, 38, will ... Tim Wu to the FTC: What does it mean?

Intel Case the Model for the FTC?

So says this BusinessWeek headline based on an interview with Federal Trade Commission Chairman Jon Leibowitz.   However, most of the article appears to be about establishing the Commission seeking to advance the proposition that the FTC Act expands beyond the scope of the antitrust laws.   For example, the Chairman is quoted as saying “We would ... Intel Case the Model for the FTC?

The FTC and the Internet

I will be discussing the titular topic at a Federalist Society panel (sponsored by the NY City Lawyers Chapter) along with Richard Epstein (NYU Law) and Jonathan Baker (Chief Economist, FCC) Tuesday night at the Cornell Club.  Registration details are available at the link above.  Here is the event description: The Federal Trade Commission is ... The FTC and the Internet

DOJ Gears Up To Challenge Proposed Google-ITA Merger

The WSJ reports that the DOJ is getting itself ready to challenge the Google-ITA merger (see earlier TOTM posts here and here): Justice Department staff lawyers have begun preparing legal documents for use in a possible court challenge to the $700 million deal for ITA Software Inc., but no decision to proceed has been made, ... DOJ Gears Up To Challenge Proposed Google-ITA Merger

The FTC and Debarment as an Antitrust Sanction

As a result of the FTC’s “Operation Short Change,” a number of firms and individuals have settled claims that they swindled millions from consumers by making unauthorized charges and debits to their bank accounts.  The FTC press release highlights that, in addition to a $2.08 million fine (judgment suspended due to bankruptcy filing), the FTC ... The FTC and Debarment as an Antitrust Sanction

Against Consumer Choice as an Antitrust Standard (Some Preliminary Thoughts)

The “consumer choice” approach to antitrust is increasingly discussed in a variety of settings, and endorsed by regulators and in scholarship, especially but not exclusively in the Section 5 context.  The fundamental idea is that the “conventional” efficiency approach embedded in the total and/or consumer welfare standards is too cramped and does not measure the ... Against Consumer Choice as an Antitrust Standard (Some Preliminary Thoughts)

Richard Epstein on The Dangerous Allure of Behavioral Economics: The Relationship between Physical and Financial Products

Richard A. Epstein is the Laurence A. Tisch Professor of Law, New York University School of Law, The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law, The University of Chicago. Few academic publications have had as much direct public influence on the law as ... Richard Epstein on The Dangerous Allure of Behavioral Economics: The Relationship between Physical and Financial Products

Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

Behavioral law and economics has arisen to international prominence; between Cass Sunstein’s appointment to head the Office of Information and Regulatory Affairs the United Kingdom’s appointment of a “nudge” bureau, behavioralism has enjoyed a meteoric impact on policymakers.  Thus far, behavioral economists have almost exclusively focused on the myriad foibles or purported cognitive errors which ... Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust