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Dynamic Pricing Can Help Both Consumers and the Environment

Popular Media From big-box and grocery stores to airlines, “dynamic pricing” — where prices fluctuate in real-time based on supply and demand — is poised to become a larger part . . .

From big-box and grocery stores to airlines, “dynamic pricing” — where prices fluctuate in real-time based on supply and demand — is poised to become a larger part of the American shopping experience.

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Innovation & the New Economy

Will the Courts Allow the FCC to Execute One More Title II Flip Flop?

TOTM The U.S. Supreme Court’s recent decision in Loper Bright v. Raimondo may have added a new wrinkle to the decades-long fight over whether broadband internet-access services should be classified . . .

The U.S. Supreme Court’s recent decision in Loper Bright v. Raimondo may have added a new wrinkle to the decades-long fight over whether broadband internet-access services should be classified as “telecommunications services” under Title II of the Communications Act.

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Telecommunications & Regulated Utilities

Reports of the Current FTC’s Intellectual Integrity Have Been Greatly Exaggerated

TOTM The Federal Trade Commission (FTC) has released its long-awaited report on pharmacy benefit managers (PBMs) as an “interim staff report.” And it’s yet another staff . . .

The Federal Trade Commission (FTC) has released its long-awaited report on pharmacy benefit managers (PBMs) as an “interim staff report.” And it’s yet another staff report that doesn’t name the relevant staff. On the one hand, it does contain some useful information on industry developments. On the other, it’s just not very good—at all.

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Antitrust & Consumer Protection

Brian Albrecht on Grocery Competition

Presentations & Interviews ICLE Chief Economist Brian Albrecht participated in a panel hosted by the Competitive Enterprise Institute on the Federal Trade Commission’s investigation of competition and consolidation . . .

ICLE Chief Economist Brian Albrecht participated in a panel hosted by the Competitive Enterprise Institute on the Federal Trade Commission’s investigation of competition and consolidation in the grocery industry. Video of the full event is embedded below.

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Antitrust & Consumer Protection

The Legacy of Neo-Brandeisianism: History or Footnote?

Popular Media The movement that some call “neo-Brandeisianism,” after its putative inspiration in the works of the late U.S. Supreme Court Justice Louis Brandeis (others have less-charitably . . .

The movement that some call “neo-Brandeisianism,” after its putative inspiration in the works of the late U.S. Supreme Court Justice Louis Brandeis (others have less-charitably termed it “antitrust populism” or “hipster antitrust”), has indisputably taken the competition world by storm. Indeed, it has arguably led to one of the fastest policy swings in antitrust history.

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Antitrust & Consumer Protection

Rounding Out the Roundup

TOTM In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the . . .

In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the Supreme Court’s Loper Bright decision. I thought the rule infirm to begin with—a somewhat foolish swing for the fences on a regulation that the FTC couldn’t possibly enforce. I thought that the FTC’s prospects looked dimmer still in the wake of Loper Bright. As I wrote yesterday…

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Antitrust & Consumer Protection

How This Supreme Court Term Might Affect the FCC’s Digital-Discrimination Rule

TOTM The recently completed U.S. Supreme Court session appears to have upended the administrative state in some pretty fundamental ways. While Loper Bright’s overruling of Chevron attracted the most . . .

The recently completed U.S. Supreme Court session appears to have upended the administrative state in some pretty fundamental ways. While Loper Bright’s overruling of Chevron attracted the most headlines and hand-wringing, Jarkesy will have far-reaching effects across both the executive and judicial branches. Even seemingly “small” matters such as Ohio v. EPA and Corner Post will color agency rulemaking and enforcement. And Fischer v. United States could have an impact on statutory construction going forward.

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Telecommunications & Regulated Utilities

No ‘Cozy Triopoly’

Scholarship In the US wireless communications market, antitrust regulators blocked so-called four-to-three mergers—mergers of two of the four largest competitors—in 2011 and 2014. But authorities did . . .

In the US wireless communications market, antitrust regulators blocked so-called four-to-three mergers—mergers of two of the four largest competitors—in 2011 and 2014. But authorities did allow then-No. 3 carrier T?Mobile to acquire then-No. 4 Sprint in February 2020, after T?Mobile agreed to several conditions. The merger was, and remains, the subject of intense debate over its effects on consumers.

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Telecommunications & Regulated Utilities

Separation of Powers and Division of Labor

Popular Media On Friday June 28, the Supreme Court issued their 6-3 ruling in Loper Bright Enterprises v. Raimondo, overturning the deference to administrative agencies established in the . . .

On Friday June 28, the Supreme Court issued their 6-3 ruling in Loper Bright Enterprises v. Raimondo, overturning the deference to administrative agencies established in the Chevron v. Environmental Protection Agency ruling in 1984. So far opinions vary on how big a change this will ultimately be (courts have not been relying much on Chevron deference in the past 8 years) and whether the change will be beneficial or costly.

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