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November 8, 2021

What is the Appropriate Role for State Antitrust Enforcement?

In the U.S. system of dual federal and state sovereigns, a normative analysis reveals principles that could guide state antitrust-enforcement priorities, to promote complementarity in federal and state antitrust policy,…

Antitrust & Consumer Protection

November 2, 2021

Consumer Welfare-Based Antitrust Enforcement is the Superior Means to Deal with Large Digital-Platform Competition Issues

Alden Abbott

There has been a rapid proliferation of proposals in recent years to closely regulate competition among large digital platforms. The European Union’s Digital Markets Act (DMA, which will become effective in 2023)…

Antitrust & Consumer Protection

October 28, 2021

FTC Moves Closer Toward Ex Ante Merger Regulation

Alden Abbott

Large group of people in the shape of two puzzle pieces on a white background. The Federal Trade Commission (FTC) has taken another step away from case-specific evaluation of proposed…

Antitrust & Consumer Protection

October 27, 2021

‘New Madison Approach’ Should Be Retained to Promote American Innovation

Alden Abbott

The leading contribution to sound competition policy made by former Assistant U.S. Attorney General Makan Delrahim was his enunciation of the “New Madison Approach” to patent-antitrust enforcement—and, in particular, to…

Intellectual Property

October 13, 2021

Broad-Based FTC Data-Privacy and Security Rulemaking Would Flunk a Cost-Benefit Test

Alden Abbott

A debate has broken out among the four sitting members of the Federal Trade Commission (FTC) in connection with the recently submitted FTC Report to Congress on Privacy and Security. Chair Lina…

Data Security & Privacy

September 27, 2021

Khan’s ‘Vision and Priorities for the FTC’ Statement Lacks Humility and Strategic Insight

Alden Abbott

Federal Trade Commission (FTC) Chair Lina Khan’s Sept. 22 memorandum to FTC commissioners and staff—entitled “Vision and Priorities for the FTC” (VP Memo)—offers valuable insights into the chair’s strategy and policy agenda…

Antitrust & Consumer Protection

September 7, 2021

More Evidence that the Patent System Promotes Dynamic Competition and Consumer Welfare

Alden Abbott

The patent system is too often caricatured as involving the grant of “monopolies” that may be used to delay entry and retard competition in key sectors of the economy. The…

Intellectual Property

August 9, 2021

FTC Antitrust Enforcement and the Rule of Law

Alden Abbott

The language of the federal antitrust laws is extremely general. Over more than a century, the federal courts have applied common-law techniques to construe this general language to provide guidance…

Antitrust & Consumer Protection

July 22, 2021

Congress Should Not Grant the FTC Untrammeled Authority to Obtain Monetary Relief

Alden Abbott

The U.S. House this week passed H.R. 2668, the Consumer Protection and Recovery Act (CPRA), which authorizes the Federal Trade Commission (FTC) to seek monetary relief in federal courts for injunctions brought…

Antitrust & Consumer Protection

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