April 22, 2021

The Future of FTC Equitable Monetary Relief after AMG Capital Management

Alden Abbott

The U.S. Supreme Court’s just-published unanimous decision in AMG Capital Management LLC  v. FTC—holding that Section 13(b) of the Federal Trade Commission Act does not authorize the commission to obtain…

Antitrust & Consumer Protection

June 30, 2019

Concluding Comments: The Weaknesses of Interventionist Claims (FTC Hearings, ICLE Comment 11)

Dirk Auer & Geoffrey A. Manne & Julian Morris & Alec Stapp & Kristian Stout

FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Summing Up the FTC Hearings: Advocates for Increased Antitrust Intervention Failed to Make Their Case. Submitted Jun 30, 2019.

Antitrust & Consumer Protection

May 13, 2019

An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May Have Rested on Manipulated Data

Geoffrey A. Manne

The courtroom trial in the Federal Trade Commission’s (FTC’s) antitrust case against Qualcomm ended in January with a promise from the judge in the case, Judge Lucy Koh, to issue a ruling as quickly as possible — caveated by her acknowledgement that the case is complicated and the evidence voluminous.

Antitrust & Consumer Protection

January 7, 2019

Competition in Markets Involving Data or Personal

Geoffrey A. Manne & Julian Morris & Kristian Stout & Dirk Auer

FTC Hearings on Competition & Consumer Protection in the 21 st Century. Comments of the International Center for Law & Economics: Understanding Competition in Markets Involving Data or Personal or Commercial Information. Hearing # 6 (Nov. 6-8, 2018). Submitted January 7, 2019.

Antitrust & Consumer Protection

January 1, 2019

When “Reasonable” Isn’t: The FTC’s Standard-less Data Security Standard

Kristian Stout & Geoffrey A. Manne

Although the FTC is well-staffed with highly skilled economists, its approach to data security is disappointingly light on economic analysis. The unfortunate result of this lacuna is an approach to these complex issues lacking in analytical rigor and the humility borne of analysis grounded in sound economics.

Antitrust & Consumer Protection

December 31, 2018

The Continued Viability and Flexibility of the Consumer Welfare Standard (FTC Hearings, ICLE Comment 6)

Geoffrey A. Manne & Julian Morris & Kristian Stout & Dirk Auer

FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: The Continued Viability and Flexibility of the Consumer Welfare Standard, and the Weakness of Its Alternatives. Hearing # 5 (Nov. 1, 2018). Submitted December 31, 2018.

Antitrust & Consumer Protection

October 14, 2018

Antitrust Principles and Evidence-Based Antitrust Under the Consumer Welfare Standard (FTC Hearings, ICLE Comment 5)

Dirk Auer & Gus Hurwitz & Geoffrey A. Manne & Julian Morris & Kristian Stout

FTC Hearings on Competition & Consumer Protection in the 21 st Century. Comments of the International Center for Law & Economics: Antitrust Principles and Evidence-Based Antitrust Under the Consumer Welfare Standard. Hearing #1 (Sep. 13, 2018). Submitted October 14, 2018.

Antitrust & Consumer Protection

October 14, 2018

Privacy, Antitrust, and the Economic Approach to the Regulation of Consumer Data (FTC Hearings, ICLE Comment 4)

Dirk Auer & Gus Hurwitz & Geoffrey A. Manne & Julian Morris & Kristian Stout

FTC Hearings on Competition & Consumer Protection in the 21 st Century. Comments of the International Center for Law & Economics: Privacy, Antitrust, and the Economic Approach to the Regulation of Consumer Data. Hearing #1 (Sep. 13, 2018). Submitted October 14, 2018.

Antitrust & Consumer Protection

October 14, 2018

Has the U.S. Economy Become More Concentrated and Less Competitive? (FTC Hearings, ICLE Comment 3)

Dirk Auer & Gus Hurwitz & Geoffrey A. Manne & Julian Morris & Kristian Stout

FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Has the U.S. Economy Become More Concentrated and Less Competitive? Hearing #1 (Sep. 13, 2018). Submitted October 14, 2018.

Antitrust & Consumer Protection