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TOTM In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the . . .
In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the U.S. economy. It was not my first such post (my ninth, if I’ve counted correctly, and if readers will forgo armchair diagnoses of monomania). The last time around, I noted consolidated challenges to the rule being heard in the U.S. District Court for the Northern District of Texas, where Judge Ada Brown has said that he will issue a decision on the motion for a stay of the rule’s effective date by July 3.
Read the full piece here.
TOTM I’ll start with a bit of half-empty, half-full (and very partial) resolution in Federal Trade Commission (FTC) publicity. Losing by Winning or Just Losing or . . .
I’ll start with a bit of half-empty, half-full (and very partial) resolution in Federal Trade Commission (FTC) publicity.
A couple of weeks ago, the Wall Street Journal editorial board announced that:
“Another Lina Khan Theory Loses in Court”
And that was right, up to a point (leaving aside the question of theory ownership). The FTC had suffered a setback in its antitrust case against Welsh, Carson, Anderson & Stowe and U.S. Anesthesia Partners, in which the agency alleged a “multi-year anticompetitive scheme to consolidate anesthesia practices in Texas, drive up the price of anesthesia services provided to Texas patients, and increase their own profits.”
TOTM Cable and satellite programming blackouts often generate significant headlines. While the share of the population affected by blackouts may be small—bordering on minuscule—most consumers don’t . . .
Cable and satellite programming blackouts often generate significant headlines. While the share of the population affected by blackouts may be small—bordering on minuscule—most consumers don’t like the idea of programming blackouts and balk at the idea of paying for TV programming they can’t access.
TOTM In yet another example of interagency cheerleading from the Federal Trade Commission (FTC), Chair Lina Khan recently touted the work of the Consumer Financial Protection . . .
In yet another example of interagency cheerleading from the Federal Trade Commission (FTC), Chair Lina Khan recently touted the work of the Consumer Financial Protection Bureau (CFPB) on payments networks:
https://twitter.com/linakhanFTC/status/1759962157133726060?s=20
TOTM Cable and satellite companies often get a bad rap for early termination fees (ETFs). Consumer advocates portray them as “junk fees” or billing traps meant . . .
Cable and satellite companies often get a bad rap for early termination fees (ETFs). Consumer advocates portray them as “junk fees” or billing traps meant to cheat customers. And the Federal Communications Commission (FCC) appears to accept these allegations at face value, characterizing ETFs as “junk fee billing practices … that penalize subscribers for terminating video service or switching video service providers.”
TOTM The U.S. Supreme Court this week rejected both parties’ petitions for certiorari in appeals of the 9th U.S. Circuit Court of Appeals’ decision Epic Games . . .
The U.S. Supreme Court this week rejected both parties’ petitions for certiorari in appeals of the 9th U.S. Circuit Court of Appeals’ decision Epic Games v Apple. Many observers—including Epic CEO Tim Sweeney—have marked this as an unmitigated loss for Epic.
That’s partly right. The district court had correctly rejected Epic’s federal antitrust claims against Apple (and against Epic, on Apple’s breach-of-contract counterclaim); the 9th Circuit upheld the trial court’s decision; and the Supreme Court’s refusal to grant cert leaves those Epic losses undisturbed.
But Apple was denied a sweep at the district court, which ruled in favor of Epic’s claim under California’s Unfair Competition Law (UCL). The 9th Circuit likewise sustained that state law decision. The Supreme Court has thus left both that state law decision and the district court’s nationwide injunction undisturbed.
TOTM As we approach a presidential election year, it is time to begin developing a comprehensive reform agenda for the Federal Trade Commission (FTC). In that . . .
As we approach a presidential election year, it is time to begin developing a comprehensive reform agenda for the Federal Trade Commission (FTC). In that spirit, this post proposes 12 reforms that could be implemented by new leadership, either through unilateral action by a new chair or (in some cases) majority votes of the commission.
Presentations & Interviews ICLE Chief Economist Brian Albrecht joined the HubWonk podcast to address concerns and separate fact from fiction surrounding alleged anti-consumer practices of big business and . . .
ICLE Chief Economist Brian Albrecht joined the HubWonk podcast to address concerns and separate fact from fiction surrounding alleged anti-consumer practices of big business and when the federal government is justified in taking antitrust actions. Video of the full episode is embedded below.
TOTM Perhaps more than at any time in its history, the Federal Trade Commission (FTC) under Chair Lina Khan has highlighted substantive rulemaking as a central . . .
Perhaps more than at any time in its history, the Federal Trade Commission (FTC) under Chair Lina Khan has highlighted substantive rulemaking as a central element of its policy agenda. But despite a great deal of rule-related sound and fury (signifying nothing?), new final rules have yet to emerge, and do not appear imminent. This post explores some possible “whys and wherefores” that may help explain this seemingly peculiar state of affairs, and the policy implications of the commission’s recent rulemaking activity.
