FTC

Illumina/Grail: Using the Future Markets Model To Ask the Right Question

Grail and its competitors are developing tests which will save perhaps millions of lives. They will detect many different types of cancer very early—if they ever exist. All these tests need Illumina’s instruments. The FTC, reversing an administrative law judge, said Illumina could not buy Grail. If it did, the FTC said, it would not let Grail’s competitors use its instruments. Illumina has appealed, saying, among other things, that since the tests do not exist there is, for antitrust purposes, currently no market.  Yet while the tests may or may not exist in the future the Fifth Circuit has to decide this case now.

The Convoluted Regulatory Regime for M&A Assessments in the US

What happens when the goals of antitrust enforcers clash with regulators focused on issues of national security and public interest? A forthcoming book by Ioannis Kokkoris, Public Interest Considerations in US Merger Control, explores these tensions in the United States regulatory framework.

How To Handle Big Tech Acquisitions Under Uncertainty

The Federal Trade Commission recently failed to stop Meta’s acquisition of virtual reality company Within, while the Department of Justice is now attempting to...

The FTC’s Non-Compete Ban Will Force Questions Over the Scope of its Authority

To understand why a proposed rule could spark a Supreme Court battle over the Federal Trade Commission’s powers to regulate the American economy requires...

Unfair Methods of Competition

The FTC’s new policy on unfair methods of competition is an assertion of the original purpose of the agency, allowing it to take on...

The FTC Should Quickly Issue New Section 5 Enforcement Guidelines

Unfair methods of competition are prohibited by Section 5 of the Federal Trade Commission (FTC) Act. The FTC has withdrawn the existing guidelines regarding...

Larry Summers Cautions Antitrust Regulators Against Broad-Brush Policy

In a wide-ranging interview with ProMarket, Summers expands on recent criticism of top antitrust enforcement officials, efforts to stymie Big Tech, monopsony, and the...

Q&A With FTC Chair Lina Khan: “The Word ‘Efficiency’ Doesn’t Appear Anywhere in the Antitrust Statutes”

FTC Chair Lina Khan sat down with Guy Rolnik to discuss changes in governmental posture toward antitrust enforcement, her goals as head of the...

A Posner-Stigler Smoking Gun?

A memo from George Stigler and Richard Posner to the Reagan administration was recently unearthed. To understand the meaning behind the memo, as well...

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...

LATEST NEWS