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6 May 2022, 6:10 am
”[1] Chair Lina Khan has previously voiced her support for doing so.[2] My view is that the Commission has no such rulemaking powers, and that the scope of the authority asserted would amount to an unconstitutional delegation of power by the Congress.[3] Others have written about those issues, and we can leave them for another day.[4] Professors Richard Pierce and Gus Hurwitz have each written that, if FTC rulemaking is to survive judicial scrutiny, it must apply to conduct… [read post]
25 Jul 2019, 10:18 am
Gus Hurwitz recently argued in an effort to downplay Oberdorf. [read post]
4 Nov 2022, 6:00 am
The odd part, and an FTC connection that was noted by Pallavi Guniganti and Gus Hurwitz: at issue was a single charge of monopolization in violation of Section 2 of the Sherman Act. [read post]
6 Sep 2023, 2:35 pm
Amazon decision, Gus Hurwitz argued here at Truth on the Market that: Section 230’s immunity could be attenuated by an obligation to facilitate the identification of users on that platform, subject to legal process, in proportion to the size and resources available to the platform, the technological feasibility of such identification, the foreseeability of the platform being used to facilitate harmful speech or conduct, and the expected importance (as defined from a First… [read post]
24 Dec 2023, 9:05 pm
Premerger Notification Proposal Faces a Rocky Path August 28, 2023 | Justin (Gus) Hurwitz, University of Pennsylvania Carey Law School’s Center for Technology, Innovation, and Competition The FTC’s proposed changes to its premerger notification form are unlikely to survive judicial review. [read post]
12 Sep 2024, 12:33 pm
Products Liability for Algorithmic Recommendations and the First Amendment However flawed the 3rd Circuit’s opinion may be from the perspective of the text and history of Section 230 (for more on that topic, see the brief joined by International Center for Law & Economics scholars Gus Hurwitz and Geoffrey Manne in Gonzalez v. [read post]
15 Sep 2023, 10:26 am
For informed background on the case (and other litigation against Google), I recommend the Truth on the Market symposium “The Future of American Antitrust: the Google Lawsuits,” with contributions from Geoff Manne, Sam Bowman, Eric Fruits, Gus Hurwitz, Nicolas Petit, Brian Albrecht, and Thom Lambert, as well as a very recent podcast by my ICLE colleague Geoff Manne and Corbin Barthold. [read post]
16 Nov 2022, 8:09 am
Gus Hurwitz summarized this best in his post: Today’s news that the FTC has adopted a new UMC Policy Statement is just that: mere news. [read post]
Antitrust at the Agencies Roundup: The Joint FTC/DOJ Guidelines to Nowhere (or Nowhere Good) Edition
22 Jul 2023, 1:01 pm
As Gus Hurwitz and I observed in an ICLE Issue Brief, the Commission there sought to articulate its competition policy with selective and often hazy citations to the case law, purporting to ground a laundry list of allegedly suspect conduct with terms that lacked “any clear meaning under U.S. antitrust law, even if they occur here and there in dicta in Supreme Court or lower court opinions. [read post]
19 Jul 2023, 2:11 pm
What’s more, as Gus Hurwitz points out, “if adopted as proposed these changes will do serious reputational damage to the agencies in court. [read post]
19 Jul 2023, 12:39 pm
Fifteen months after the close of the comment period, we finally have the release of the draft merger guidelines by the Federal Trade Commission (FTC) and the U.S. [read post]
8 Nov 2024, 8:05 am
I also recommend an article by my ICLE colleague Gus Hurwitz (here) that provides a useful compact primer for the uninitiated on the HSR Act, in addition to a discussion of the NPRM. [read post]
6 Dec 2024, 7:12 am
For more concerns about the case, see, for example, my International Center for Law & Economics (ICLE) colleague Geoff Manne here; my ICLE colleagues Brian Albrecht and Gus Hurwitz here; Greg Werden, former chief counsel for economics at the DOJ’s Antitrust Division, here; former FTC General Counsel Alden Abbott here; and me here. [read post]
15 Oct 2024, 8:43 am
As I noted in my last post, the Federal Trade Commission (FTC) announced Sept. 20 that it had filed a complaint: against the three largest prescription drug benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and OptumRx—and their affiliated group purchasing organizations (GPOs) for engaging in anticompetitive and unfair rebating practices that have artificially inflated the list price of insulin drugs, impaired patients’ access to lower list price products, and… [read post]
20 Dec 2024, 9:49 am
It’s Not All About Price, Except When We Say So I don’t know if this is the end of an era, the end of an error, a bit of both, or something far more complicated than that, but let’s start with Federal Trade Commission (FTC) Commissioner Melissa Holyoak’s dissent in In the Matter of Southern Glazer’s Wine and Spirits, which is a part of the FTC’s bold, if misguided, endeavor to reanimate the Robinson-Patman Act (RPA) The dissent is an excellent and scholarly… [read post]
6 Feb 2015, 6:00 am
Below the fold is Version 3.1 of the census of law prof Twitter users. [read post]
23 Jan 2015, 4:44 am
Below the fold is Version 3.0 of the census of law prof Twitter users. [read post]
4 Mar 2025, 7:51 am
In his August 2024 ruling in the Google Search antitrust litigation, U.S. [read post]
