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TOTM Once upon a time (July 9, 2021, to be precise), President Joe Biden issued an executive order on “Promoting Competition in the American Economy,” which . . .
Once upon a time (July 9, 2021, to be precise), President Joe Biden issued an executive order on “Promoting Competition in the American Economy,” which declared that “a whole-of-government approach is necessary to address overconcentration, monopolization, and unfair competition in the American economy.”
Read the full piece here.
TOTM The press is abuzz with news about the Federal Trade Commission’s (FTC) Feb. 26 announcement that it would challenge the proposed Kroger/Albertsons mega-supermarket merger, which had been . . .
The press is abuzz with news about the Federal Trade Commission’s (FTC) Feb. 26 announcement that it would challenge the proposed Kroger/Albertsons mega-supermarket merger, which had been in the works since the fall of 2022. If the FTC succeeds in obtaining a temporary restraining order and preliminary injunction in Oregon federal district court (a big if), it plans to review the transaction in an administrative hearing beginning in late July.
Presentations & Interviews ICLE research on the proposed merger of supermarkets Kroger and Albertsons was cited on an episode of the Econception podcast. The full episode is embedded . . .
ICLE research on the proposed merger of supermarkets Kroger and Albertsons was cited on an episode of the Econception podcast. The full episode is embedded below. Discussion of the ICLE white paper begins at around the 20:43 mark.
Presentations & Interviews To much fanfare and even more controversy, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) Antitrust Division jointly released new draft merger guidelines . . .
To much fanfare and even more controversy, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) Antitrust Division jointly released new draft merger guidelines in July 2023. In December 2023, after concluding their review of comments on the draft, the agencies published the final guidelines. The new guidelines appear—in the eyes of many—to be an improvement over the draft document, although there remains considerable disagreement regarding how much improvement, and many of the document’s basic policy statements remain controversial.
On Feb. 26, 2024, the International Center for Law & Economics (ICLE) convened a distinguished panel of academics, practitioners, and former FTC commissioners to bring informed legal and economic perspectives to bear on the question of what the agencies delivered and how courts and antitrust practitioners might apply this guidance.
Panelists included Bruce Kobayashi, the Paige V. and Henry N. Butler Chair in Law and Economics at George Mason University’s Antonin Scalia Law School; Kristen Limarzi, a partner in the antitrust and competition practice group at Gibson Dunn; former FTC Commissioner and Acting Chair Maureen Ohlhausen, now a partner with Wilson Sonsini; Diana Moss, vice president and director of competition policy at the Progressive Policy Institute; and fellow former FTC Commissioner Noah Phillips, now co-chair of the antitrust practice at Cravath. ICLE Senior Scholar Dan Gilman served as moderator.
Video of the full event is embedded below.
TOTM Ahalf-dozen lawsuits have been filed to date challenging the digital-discrimination rules recently approved by the Federal Communications Commission (FCC). These cases were consolidated earlier this month and will now . . .
Ahalf-dozen lawsuits have been filed to date challenging the digital-discrimination rules recently approved by the Federal Communications Commission (FCC). These cases were consolidated earlier this month and will now be heard by the 8th U.S. Circuit Court of Appeals.
TOTM Back in February 2022, the Federal Trade Commission (FTC) announced an advance notice of proposed rulemaking (ANPRM) on “deceptive or unfair earnings claims.” According to the FTC… Read . . .
Back in February 2022, the Federal Trade Commission (FTC) announced an advance notice of proposed rulemaking (ANPRM) on “deceptive or unfair earnings claims.” According to the FTC…
Popular Media The government has become increasingly suspicious of major mergers over the past decade, under both political parties. The Justice Department under Donald Trump sued to . . .
The government has become increasingly suspicious of major mergers over the past decade, under both political parties. The Justice Department under Donald Trump sued to prevent AT&T from buying Time Warner. The Federal Trade Commission under President Biden is continuing a case the Trump administration initiated against Meta, parent of Facebook, to force the firm to cough up Instagram and WhatsApp, which it swallowed during the Obama years. In January, JetBlue Airways’ plans to merge with Spirit Airlines and Amazon’s plans to acquire iRobot were deterred under regulatory pressure.
TOTM The National Institute for Standards and Technology (NIST) published a request for information (RFI) in December 2023 on its “Draft Interagency Guidance Framework for Considering . . .
The National Institute for Standards and Technology (NIST) published a request for information (RFI) in December 2023 on its “Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights.” It’s quite something, if not in a good way.
Presentations & Interviews ICLE Senior Scholar Daniel J. Gilman took part in a virtual panel convened by the Federalist Society on the Federal Trade Commission (FTC) and U.S. . . .
ICLE Senior Scholar Daniel J. Gilman took part in a virtual panel convened by the Federalist Society on the Federal Trade Commission (FTC) and U.S. Justice Department’s (DOJ) recent moves to put labor issues at the center of antitrust enforcement and policy making. Video of the full event is embedded below.
