The FTC Knows It When It Sees It
When Congress created the Federal Trade Commission (FTC) in 1914, it charged the agency with condemning “unfair methods of competition.” That’s not the language Congress used in . . .
The FTC Knows It When It Sees It
Biweekly FTC Roundup: Commissioners Bite Horse Edition
The massive New Deal sculptures that frame Federal Trade Commission headquarters are both called “Man Controlling Trade.” And according to the Commission’s new Policy Statement Regarding . . .
FTC Section 5 Statement: Less Guidance Than Meets the Eye
On Nov. 10, the Federal Trade Commission (FTC) issued a new statement explaining how it will exercise its standalone FTC Act Section 5 authority. Despite the length . . .
Federal Trade Commission’s gig-economy crackdown threatens innovation
When President Joe Biden named Lina Khan to chair the Federal Trade Commission (FTC), the conventional wisdom predicted a focus on Big Tech. In practice, however, Khan has proven hostile not just to the tech sector, but to innovators generally, including those in the gig economy.
Lina Khan’s Christmas Wish Is To Have Margrethe Vestager’s Powers
Federal Trade Commission (FTC) Chair Lina Khan has just sent her holiday wishlist to Santa Claus. It comes in the form of a policy statement on unfair methods of competition (UMC) that the FTC approved last week by a 3-1 vote.
The FTC’s UMC Policy Statement: Untethered from Consumer Welfare and the Rule of Reason
On Nov. 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement regarding the scope of “unfair methods of competition” (UMC) under Section 5 of the FTC Act. The new statement fills the gap left by the Commission’s July 2021 rescission of its 2015 policy statement.
The End of Reason at the FTC
In a 3-2 July 2021 vote, the Federal Trade Commission (FTC) rescinded the nuanced statement it had issued in 2015 concerning the scope of unfair methods of competition under . . .
A Policy Statement Is Still Only Worth the Electrons Upon Which It Is Written
Just over a decade ago, in a speech at the spring meeting of the American Bar Association’s Antitrust Law Section, then-recently appointed Commissioner Joshua Wright of . . .
FTC Rejects Economics for ‘Fairness’
The current Federal Trade Commission (FTC) appears to have one overarching goal: find more ways to sue companies. The three Democratic commissioners (with the one . . .