Summary of FTC Hearing #7: Algorithms, AI, and Predictive Analytics

Summary of FTC Hearing #7: Algorithms, AI, and Predictive Analytics

December 2018 Summary of FTC Hearing #7: Algorithms, AI, and Predictive Analytics By Norman Armstrong, Jr. and Albert Kim (King & Spalding)1 Click here for a PDF version of the article   Introduction The FTC continued its Hearings Initiative with a two-day hearing at Howard University School of Law in Washington, D.C. on November 13-14. […]

Themes and Takeaways from the FTC Hearings on the Intersection of Big Data, Privacy, and Competition

Themes and Takeaways from the FTC Hearings on the Intersection of Big Data, Privacy, and Competition

November 2018 Themes and Takeaways from the FTC Hearings on the Intersection of Big Data, Privacy, and Competition By Elena Kamenir (Orrick, Herrington & Sutcliffe)1 Click here for a PDF version of the article   On November 6-8, 2018, the U.S. FTC held hearings on privacy, big data, and competition as a part of its […]

FTC Facilitates Lively Debate on the Future of Vertical Merger Enforcement

FTC Facilitates Lively Debate on the Future of Vertical Merger Enforcement

November 2018 FTC Facilitates Lively Debate on the Future of Vertical Merger Enforcement By Blair Kuykendall (Dechert)1 Click here for a PDF version of the article   The FTC hosted two panels on November 1st to discuss the future of vertical merger enforcement as part of its “Competition and Consumer Protection in the 21st Century” […]

The Consumer Welfare Debate Comes to the FTC Hearings: Who’s on the Right Side of History?

The Consumer Welfare Debate Comes to the FTC Hearings: Who’s on the Right Side of History?

November 2018 The Consumer Welfare Debate Comes to the FTC Hearings: Who’s on the Right Side of History? By Joseph V. Coniglio (Wilson Sonsini Goodrich & Rosati)1 Click here for a PDF version of the article   Introduction One of the greatest virtues of a consumer welfare standard is the ability to distinguish harm to […]

Consumer Welfare On Trial at the FTC

Consumer Welfare On Trial at the FTC

November 2018 Consumer Welfare On Trial at the FTC By Marshall Steinbaum (Roosevelt Institute)1 Click here for a PDF version of the article   On November 1st, the FTC held its public hearing on the consumer welfare standard, putting the philosophical gulf between critics of the antitrust status quo and its insider practitioners on full […]

Vertical Restraints in Two-Sided Markets after Ohio v. Amex: Lessons from the FTC Competition Hearings

Vertical Restraints in Two-Sided Markets after Ohio v. Amex: Lessons from the FTC Competition Hearings

November 2018 Vertical Restraints in Two-Sided Markets after Ohio v. Amex: Lessons from the FTC Competition Hearings By Timothy Snyder & Farrell Malone (Latham & Watkins)1 Click here for a PDF version of the article   The recent Supreme Court decision Ohio v. Amex (“Amex”) elicited strong reactions from panelists throughout the Federal Trade Commission’s […]

Spotlight on the FTC’s Hearings on Competition and Consumer Protection

Spotlight on the FTC’s Hearings on Competition and Consumer Protection

November 2018 Spotlight on the Federal Trade Commission’s Hearings on Competition and Consumer Protection By Tianran “Tinny” Song (Labaton Sucharow)1 Click here for a PDF version of the article   Introduction The Federal Trade Commission’s Hearings on Competition and Consumer Protection in the 21st Century at George Mason University’s Scalia Law School featured a discussion […]

Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation

Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation

October 2018 Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation By Koren W. Wong-Ervin & Dr. Georgios Effraimidis1 Click here for a PDF version of the article   On October 23-24, 2018, the U.S. Federal Trade Commission (FTC) held hearings on intellectual property (IP) and innovation as part of its broader ongoing hearings […]

Hayek as a New Brandeisian? The Need to Distinguish Theory from Practice in Hayekian Competition Policy

Hayek as a New Brandeisian? The Need to Distinguish Theory from Practice in Hayekian Competition Policy

October 2018 Hayek as a New Brandeisian? The Need to Distinguish Theory from Practice in Hayekian Competition Policy By Joseph V. Coniglio (Wilson Sonsini Goodrich & Rosati)1 Click here for a PDF version of the article   Introduction The New Brandeis Movement (“NBM”) initially appeared to constitute a broad policy platform aimed at replacing antitrust […]

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