University of Southern California Gould School of Law Professor Jonathan Barnett is one of the latest experts to call out antitrust regulators’ break from well-established norms by shifting away from the consumer welfare standard. In Professor Barnett’s latest piece published in The Hill, he describes how recent antitrust changes are not motivated by facts and […]

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During last week’s anti-monopoly summit, some policymakers advocated for a subjective, Neo-Brandeisian approach to antitrust.  To date, Neo-Brandeisian proposals like AICOA or OAMA have little momentum in Congress or support from Americans, so regulators are moving to ignore set rules and policies in order to overstep their authority and legislate through regulation. With this in […]

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This week, antitrust experts gathered in D.C. to discuss today’s antitrust landscape and the future of competition policy. Here’s what you need to know:  1) The week started with the FTC and DOJ Annual Spring Enforcers Summit, where agency leaders doubled-down on their plan to expand Section 5 enforcement.  The FTC’s plan for expanded Section […]

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As evidenced in this week’s announced departure of an FTC Commissioner, major changes to the Commission’s operations have raised serious concerns from experts across the political spectrum. These experts have been sounding the alarm for months, and this week’s agency shake-up is just the latest in a long list of warnings about the agency’s direction. […]

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The FTC has been making moves to usurp the powers of Congress by creating its own rules and the function of the courts by serving as the enforcer of its own rules. The FTC has been moving further and further away from the consumer welfare standard, and these changes have significant consequences for all industries […]

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Following its 2021 withdrawal of 2015 Obama-era guidance on ‘unfair methods of competition,’ late last year, the FTC issued new enforcement principles under Section 5. The FTC has now claimed the authority to issue rules based on conduct it deems an unfair method of competition. Experts have raised concerns over its legal overreach and harm […]

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In October and November, Competition Policy International (CPI) and CCIA held a four-part series on Challenges to Antitrust in a Changing Economy. The events featured panels of lawyers, journalists, Hill staffers, and professors discussing the shifting landscape around antitrust policy. Notable panelists included Former Assistant Attorney General Barry Nigro, former General Counsel at FTC Alden […]

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Last week, the FTC unilaterally attempted to expand its authority and conduct it considers illegal by changing its definition of what constitutes “unfair methods of competition” (UMC) under Section 5 of the FTC Act. According to reporting by Law360, the new policy “replaces an Obama-era version that put guardrails on the FTC’s power[.]” What does […]

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Given this week’s Fifteenth Annual Federal Trade Commission Microeconomics Conference, it is important to remember that the FTC’s work covers a range of sectors in the economy. The agency has signaled intent to expand its power and move its focus away from the consumer welfare standard, as Springboard has previously noted. Here is what you […]

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Last week, the chair of the FTC testified at an oversight hearing before the Senate Judiciary’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights. Notably, the FTC’s written testimony submitted in advance was not bipartisan. FTC Commissioners Noah Joshua Phillips and Christine S. Wilson submitted dissenting testimony stating the other Commissioners’ decision to decline to […]

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