August 26, 2015

Josh Wright and the Limits of Antitrust

Thomas Lambert

Alden Abbott and I recently co-authored an article, forthcoming in the Journal of Competition Law and Economics, in which we examined the degree to which the Supreme Court and the…

Antitrust & Consumer Protection

August 24, 2015

A Tribute to Joshua Wright

Richard Epstein

A recent story in the Wall Street Journal described Josh Wright as the “FTC’s most conservative commissioner.” It is a sign of today’s politicized environment that this label is used as a substitute for serious substantive analysis of the particular positions that Wright has taken relative to the other commissioners.

Antitrust & Consumer Protection

August 13, 2015

FTC Commissioner Joshua Wright gets his competiton enforcement guidelines

Geoffrey A. Manne

Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section…

Antitrust & Consumer Protection

May 26, 2015

Comments, In The Matter of Nomi Technologies, Inc., FTC

Geoffrey A. Manne & Ben Sperry & Berin Szoka & Tom Struble

"The FTC’s consent decree with Nomi Technologies is remarkable for two things. First is what it does not do, practically: empower consumers to opt-out of cell phone tracking while shopping in retail stores..."

Data Security & Privacy

April 29, 2015

The Dark Side of the FTC’s Latest Privacy Case, In the Matter of Nomi Technologies

Geoffrey A. Manne

Last week, the FTC announced its complaint and consent decree with Nomi Technologies for failing to allow consumers to opt-out of cell phone tracking while shopping in retail stores. Whatever…

Antitrust & Consumer Protection

April 29, 2015

NOMI TECHNOLOGIES, INC.: THE DARK SIDE OF THE FTC’S LATEST FEEL-GOOD CASE

Geoffrey A. Manne & Ben Sperry & Berin Szoka

"Last week the Federal Trade Commission (FTC) settled a privacy case – In the Matter of Nomi Technologies, Inc. – that, on its face, will seem banal, but actually raises significant questions about the FTC’s understanding of its broad consumer protection authority..."

Antitrust & Consumer Protection

February 28, 2015

Commissioner Wright Rightly Calls the Question on Section 5 Guidance

Thomas Lambert

Anybody who has spent much time with children knows how squishy a concept “unfairness” can be.  One can hear the exchange, “He’s not being fair!” “No, she’s not!,” only so…

Antitrust & Consumer Protection

September 17, 2014

Why a Common Law Approach to Defining “Unfair Methods of Competition” Won’t Work

Thomas Lambert

Section 5 of the Federal Trade Commission Act proclaims that “[u]nfair methods of competition . . . are hereby declared unlawful.” The FTC has exclusive authority to enforce that provision…

Antitrust & Consumer Protection

August 12, 2014

Highlights from Josh Wright’s Interview in The Antitrust Source

Thomas Lambert

Anyone interested in antitrust enforcement policy (and what TOTM reader isn’t?) should read FTC Commissioner Josh Wright’s interview in the latest issue of The Antitrust Source.  The extensive (22 page!)…

Antitrust & Consumer Protection