Showing archive for: “UMC & UDAP”
The Case of the Missing Sale: The FTC’s Personalized-Pricing Blind Spot
Suppose a retailer charges $10 for a service. One customer values it at $11 and buys it. Another values it at $8 and walks away. The retailer sends the second customer a $3 coupon. She pays $7, gets something worth $8 to her, and the retailer makes a sale it otherwise would have missed. The ... The Case of the Missing Sale: The FTC’s Personalized-Pricing Blind Spot
Your Price May Vary: The FTC’s Personalized-Pricing Puzzle
A price that knows your name may be creepy. It may also be a bargain. That ambiguity sits at the heart of the Federal Trade Commission’s (FTC) proposed enforcement policy statement on personalized pricing, which opens with a candid admission: The practice is “not well understood,” and its effects on consumers remain “unclear.” That uncertainty ... Your Price May Vary: The FTC’s Personalized-Pricing Puzzle
A Fee Too Far: Merchants, Surcharges, and the War on Plastic
Earlier this summer, my family took a vacation to Ocean City, Maryland, where the boardwalk offered ice cream, souvenirs, and an unexpected lesson in payment economics. Every retailer we visited added a surcharge of at least 3% for credit-card payments, yet not one posted a sign. I discovered the charges only later, while checking my ... A Fee Too Far: Merchants, Surcharges, and the War on Plastic
Why Trump May Consolidate Federal Antitrust Enforcement
President-elect Donald Trump’s new “Department of Government Efficiency” has been tasked with providing advice and guidance on reducing government waste and restructuring federal agencies. One act of restructuring that may warrant consideration would involve consolidating all federal antitrust enforcement within the U.S. Justice Department (DOJ). There are strong arguments that this would reduce waste. In addition, ... Why Trump May Consolidate Federal Antitrust Enforcement
The FTC World Keeps On Turning
You’re no doubt aware that we’ve had a presidential election since my last column. Agency news seems pallid, in comparison, but those of you who’ve come here looking for deep insights into what it all means are liable to be disappointed, not to mention zero in number. “The Meaning of Life” is a movie by ... The FTC World Keeps On Turning
The FTC Lacks Authority for Competition Rulemaking
Before becoming chair of the Federal Trade Commission (FTC), Lina Khan advocated the use of rulemakings to implement the prohibition on unfair methods of competition (UMC) in Section 5 of the FTC Act. As chair, she proposed a rule, which likely will be finalized in the spring, to ban noncompete clauses in employment contracts. But ... The FTC Lacks Authority for Competition Rulemaking
Biweekly FTC Roundup: Bureau of Let’s-Sue-Meta Edition
The Federal Trade Commission (FTC) might soon be charging rent to Meta Inc. The commission earlier this week issued (bear with me) an “Order to Show Cause why the Commission should not modify its Decision and Order, In the Matter of Facebook, Inc., Docket No. C-4365 (July 27, 2012), as modified by Order Modifying Prior Decision and Order, In ... Biweekly FTC Roundup: Bureau of Let’s-Sue-Meta Edition
Artificial Intelligence Meets Organic Folly
In a May 3 op-ed in The New York Times, Federal Trade Commission (FTC) Chair Lina Khan declares that “We Must Regulate A.I. Here’s How.” I’m concerned after reading it that I missed both the regulatory issue and the “here’s how” part, although she does tell us that “enforcers and regulators must be vigilant.” Indeed, ... Artificial Intelligence Meets Organic Folly
Four Horsemen of the Bureaucratic Apocalypse Come for AI
Four prominent horsemen of the Biden administration’s bureaucratic apocalypse—the Federal Trade Commission (FTC), U.S. Justice Department (DOJ) Civil Rights Division (DOJ), Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission (EEOC)—came together April 25 to issue a joint statement pledging vigorous enforcement against illegal activity perpetrated through the use of artificial intelligence ... Four Horsemen of the Bureaucratic Apocalypse Come for AI
The FTC’s Noncompete Rule: A Bridge Too Far
As I noted in January, the Federal Trade Commission’s (FTC) proposal to ban nearly all noncompete agreements raises many questions. To be sure, there are contexts—perhaps many contexts—in which noncompete agreements raise legitimate policy concerns. But there also are contexts in which they can serve a useful procompetitive function. A per se ban across all industries and occupations, as the ... The FTC’s Noncompete Rule: A Bridge Too Far
Biweekly FTC Roundup: Antitrust Woodstock Edition
Last week’s roundup was postponed because I was kibbitzing at the spring meeting of the American Bar Association (ABA) Antitrust Section. For those outside the antitrust world, the spring meeting is the annual antitrust version of Woodstock. For those inside the antitrust world: Antitrust Woodstock is not really a thing. At the planetary-orbit level, the ... Biweekly FTC Roundup: Antitrust Woodstock Edition
Biweekly FTC Roundup: Throwing Stones in Glass Containers Edition
In February’s FTC roundup, I noted an op-ed in the Wall Street Journal in which Commissioner Christine Wilson announced her intent to resign from the Federal Trade Commission. Her departure, and her stated reasons therefore, were not encouraging for those of us who would prefer to see the FTC function as a stable, economically grounded, ... Biweekly FTC Roundup: Throwing Stones in Glass Containers Edition
