FTC
Populism at the FTC Upsets the Antitrust Religion of Consumer Welfare: A Reply to Sokol and Wickelgren
Institutional change, on any fundamental level, will have those that seek to defend the status quo up in arms. But in order to effectively...
Populism at the FTC Undermines Antitrust Enforcement
The FTC plays an essential role in curbing illegal mergers and monopolies and increasing its enforcement is welcome. But to do so effectively, the...
The FTC Was Correct to Withdraw the Vertical Merger Guidelines
The 2020 Vertical Merger Guidelines, now withdrawn by the FTC, did not represent sound merger policy, argues Steven Salop; rather, they were overly defendant-friendly...
Antitrust Law’s Unwritten Rules of Unfair Competition
Does the Sherman Act actually “protect competition, not competitors”? An examination of the case law reveals a more nuanced picture, in which the courts...
Missing the Forest for the Trees: A Reply to Hovenkamp and Shapiro
The Federal Trade Commission’s now-abandoned 2020 Vertical Merger Guidelines were not some ideal economic document that the FTC foolishly disregarded; rather, they failed spectacularly...
How Will the FTC Evaluate Vertical Mergers?
The Federal Trade Commission’s recent withdrawal of its 2020 vertical merger guidelines is flatly incorrect as a matter of microeconomic theory and is contrary...
What’s Behind Amazon’s Demand that FTC Chair Lina Khan Recuse Herself?
Amazon’s attempt to get Khan to recuse herself from any antitrust investigation into the company is not the first time that a company has...
Why the FTC Should Consider Size in Drug Mergers
Large pharmaceutical firms retain their dominance through size-related advantages in three areas: contracting, marketing and selling, and financing. When reviewing pharmaceutical mergers, the Federal...
In FTC vs. Facebook, the Government Lost the First Round. It Could Still Win the Fight.
Despite some compelling allegations, a federal judge dismissed the FTC's antitrust complaint against Facebook due to the agency’s failure to explain how it calculated...
Why the FTC Antitrust Case Against Facebook Was Dismissed
Many of the problems with the FTC complaint against Facebook that was dismissed in court last month appear to be fixable. However, given that...
