FCC Auctions and the Benefits of Unlicensed Spectrum
What should a government do when it owns geese that lay golden eggs? Should it sell the geese to fund government programs? Or should it . . .
FCC Auctions and the Benefits of Unlicensed Spectrum
The FTC’s UMC Statement Creates a Target for Federal Courts
The Federal Trade Commission’s (FTC) recently released Policy Statement on unfair methods of competition (UMC) has a number of profound problems, which I will detail below. But . . .
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 . . .
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 . . .
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 . . .
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 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In a 3-2 July 2021 vote, the Federal Trade Commission (FTC) rescinded the nuanced statement it had issued in 2015 concerning the scope of unfair methods of competition under .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 . . .