2020 was the FTC’s busiest merger enforcement year in two decades, reflecting the agency’s ability to challenge potentially anticompetitive deals. The FTC “ultimately saw twenty-eight merger enforcement actions this fiscal year: seven complaints voted out by the Commission, ten settlements accepted for public comment, and eleven transactions abandoned or restructured. This is the highest number […]
Recent articles mislead readers on Amazon’s consumer-centric approach to product development and placement in its marketplace. Let’s correct the record: — Store brands are a long-time staple of the retail industry. — Promoting products, including store brands, through merchandising is a common retail strategy. — Using data to improve sales and customer experience is an […]
In the face of overwhelming criticism of recent radical House antitrust overhaul bills, including Rep. Cicilline’s American Choice and Innovation Online Act, it’s disappointing to see the Senate follow the House’s lead. The latest such example is Sen. Amy Klobuchar’s American Innovation and Choice Online Act, which, according to recent press reports, is even worse […]
As members of Congress and foreign policy experts have previously highlighted, recent antitrust efforts against leading U.S. tech companies could have serious consequences for American competitiveness and security. With misguided legislation aimed at breaking up America’s world-leading tech sector, it’s important to understand what is at stake—and to ensure that there is a more informed […]
Here’s what you need to know ahead of the House Judiciary Subcommittee hearing, Reviving Competition, Part 4: 21st Century Antitrust Reforms and the American Worker: — The tech sector is a major provider of high-wage jobs and economic growth in the US economy — Existing antitrust policy protects against abuse of buyers’ power The tech […]
As we highlighted in part 1 of our series, federal judges spoke out against the State Antitrust Enforcement Venue Act for breaking the well-established Multidistrict Litigation process. As US District Judge Roslynn R. Mauskopf noted, “Given the nationwide scope of these antitrust litigations, such inconsistent rulings may complicate proceedings and sow confusion not only among […]
Today, the Senate Judiciary Committee Subcommittee on Competition Policy, Antitrust, and Consumer holds a hearing investigating the impact of data on competition. But the facts are clear: it’s not data that matters, it’s what you do with it that counts. Here are four charts to prove the point: With a focus on short form, mobile-first […]
Ahead of tomorrow’s Senate Judiciary Committee Subcommittee on Competition Policy, Antitrust, and Consumer Rights hearing on data and competition, it’s important to remember that “data” isn’t a new concept and it certainly doesn’t guarantee business success. Here’s what you need to know: – Good ideas win, even with little or no data. – Consumers use […]
We’ve recently highlighted how the FTC has been overstepping its authority and putting ideology ahead of consumers and business. Following another short-notice “open” meeting, the FTC continues to demonstrate that its disregard for appropriate rulemaking and public notice is unlikely to stop anytime soon. Here’s what you need to know: — The FTC is not a […]
During today’s FTC open meeting—which follows only 2.5 business days for public comments—the Commission will vote on whether to rescind the 2020 Vertical Merger Guidelines that were jointly issued by the DOJ and FTC. Here’s what you should keep in mind: — The FTC rushed to propose the unilateral withdrawal of the Vertical Merger Guidelines, […]
Hostility to innovation and technology diminishes the incredible Internet-enabled opportunities that leading tech services provide: empowering consumers, driving prices down and increasing choice, and providing platforms to help entrepreneurs grow their businesses. It has given us a golden era of entertainment, knowledge, and everything from fashion startups, to booming mom and pop stores, to the latest app.
No spam, we promise.
