In September 2023, the Federal Trade Commission and 17 states filed a massive, landmark antitrust […]

#226 An Agency in Peril? The Implications of Axon, Louisiana Children’s Medical Center, and Other Challenges to the FTC’s Power
Posted 5 months ago Tagged administrative law Axon constitutionality FTC Louisiana Children's Medical Center nondelegation rulemaking
The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been […]
Posted 9 months ago Tagged drug prices FTC insulin PBMs pharmacies pharmacy benefit managers
Drug prices are top of mind for numerous patients, legislators, policy experts, and antitrust enforcers […]
Posted 9 months ago Tagged FTC FTC Act Section 5 non-compete rulemaking UMC rulemaking unfair methods of competition
In January 2023, the FTC issued a Notice of Proposed Rulemaking that would ban virtually […]
Posted 1 year ago Tagged antitrust policy FTC labor law careers no poach State AG
The world of antitrust and consumer protection law is made up of fascinating people, including […]
Posted 1 year ago Tagged ESG exemptionsandimmunities FTC FTCChairLinaKhan NoerrPennington whenisdoinggoodbad?
In recent congressional testimony, FTC Chair Lina Khan definitively declared that there is no ESG […]

#178 What’s the Role of FTC’s General Counsel? A Conversation with Alden Abbott on Historical and Current Issues
Posted 1 year ago Tagged Administrative Procedure Act agency Civil Service Reform Act Commission's Rules of Practice compliance court Ethics in Government Act Federal Trade Commission Freedom of Information Act FTC General Counsel Government in the Sunshine Act law policy
The FTC’s General Counsel (GC) is the agency’s chief legal officer and adviser that provides […]

#171 Can the Federal Trade Commission Use Rulemaking To Change Antitrust Laws? A Closer Look at the Administrative Law Challenges With Prof. Richard Pierce
Posted 1 year ago Tagged administrative ANPRM antitrust APA court FTC non-compete notice and comment NPRM policy predatory pricing Reform reverse payment right to repair rulemaking trade regulation
The U.S. Federal Trade Commission’s current leadership has a vision for changing various aspects of […]

#161 Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking
Posted 2 years ago Tagged administrative ANPRM APA FTC Magnusson-Moss notice and comment NPRM rulemaking trade regulation
For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case […]

#138 Should Congress Enact Federal Data Privacy Legislation? The Case for a National Consumer Data Protection and Enforcement Regime
Posted 2 years ago Tagged consumer protection data privacy federal preemption FTC
As millions of consumers around the world interact daily with online businesses and social media […]