A Patent and a Prize
This paper examines a simple and old question: should innovators receive a patent or a prize? The answer I provide is equally simple: they . . .
FTC UMC Authority: Enforcement Issues
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Introductory Post: Retrospective on Ajit Pai’s Tenure as FCC Chairman
Ajit Pai will step down from his position as chairman of the Federal Communications Commission (FCC) effective Jan. 20. Beginning Jan. 15, Truth on the Market will host a symposium exploring Pai’s tenure, with contributions from a range of scholars and practitioners.
The ABA, the AALS, and the Rule of Law
In an op-ed published in Saturday’s W$J (slightly updated version available here for free), Prof. David Bernstein drew attention to the American Bar Association’s proposed . . .
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FTC UMC Authority: Enforcement Issues
Background: In 2015, the Federal Trade Commission (FTC) issued a policy statement on its “unfair methods of competition” (UMC) authority—the antitrust part of Section 5 . . .
FTC UMC Authority: Uncertain Scope
Background: U.S. law grants both the Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ) authority to enforce both the Sherman Antitrust Act and . . .
FTC Proposal Jumps the Gun on Banning Noncompetes
The U.S. economy has a new labor regulator. Under a just-unveiled proposed rule, the Federal Trade Commission would ban the use of noncompete terms in . . .
The FTC’s Misguided Case Against Meta
Lina Khan has been an outspoken critic of Big Tech since her law school days, demonstrating a singular focus on the big bad guys—first Amazon . . .
Brussels Effect or Brussels Defect: Digital Regulation in Emerging Markets
The blistering pace at which the European Union put forward and adopted the Digital Markets Act (DMA) has attracted the attention of legislators across the globe. In . . .
What are your thoughts regarding start-up acquisitions? – David Teece
Competition Policy International interviewed ICLE Academic Affiliate David Teece in September 2022. In the video embedded below, he discusses the concept of “potential competition” and . . .
FTC Claims Sweeping Powers against ‘Unfair’ Competition
Reflecting on the decades of merger challenges brought to that point under the Clayton Antitrust Act of 1914, Justice Potter Stewart observed in 1966 that . . .
The New FTC Section 5 Policy Statement: Full of Sound and Fury, Signifying Nothing?
The Federal Trade Commission’s (FTC) Nov. 10 Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act—adopted . . .
Business as Usual for Antitrust
President Joe Biden’s antitrust enforcers were desperate for a win. While claiming to be tough on antitrust, their track record has been far from impressive. . . .