Deep Dive Episode 255 – A Roundtable on Recent Developments at the FTC

This episode is a live recording of a panel of antitrust law experts examining recent developments and debating what might come next at the FTC.

A Roundtable on Recent Developments at the FTC

Recent months have seen a flurry of notable developments at the Federal Trade Commission. Antitrust law experts examine these developments and debate what might come next at the FTC.

Deep Dive Episode 178 – (Un)Civil War: The Future of Conservative Antitrust

Professors Joshua D. Wright and John Yun discuss the future of the conservative approach to antitrust law.

(Un)Civil War: The Future of Conservative Antitrust

Professors Joshua D. Wright and John Yun discuss the future of the conservative approach to antitrust law.

Deep Dive Episode 171 – Courthouse Steps Oral Argument: NCAA v. Alston

Joshua Wright joins us to discuss oral arguments in NCAA v. Alston and the potential implications of the case.

Deep Dive Episode 162 – Is Common Carrier the Solution to Social-Media Censorship?

Experts discuss the practicality and desirability of using common carrier to regulate social media content moderation.

Is Common Carrier the Solution to Social-Media Censorship?

Experts debate the relevant legal contours and the desirability of a common carrier solution to curbing Big Tech power.

Deep Dive Episode 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

This expert panel examines recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?

FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?

FTC Commissioner Noah Phillips gave honorary introductory remarks.

A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris

Douglas Ginsburg and Joshua D. Wright

In a recent article Joe Kattan and Tim Muris (K&M) criticize our article on the predictive power of bargaining models in antitrust, in which we used two recent applications to explore implications for uses of bargaining models in courts and antitrust agencies moving forward. Like other theoretical models used to predict competitive effects, complex bargaining models require courts and agencies rigorously to test their predictions against data from the real world markets and institutions to which they are being applied. Where the “real-world evidence,” as Judge Leon described such data in AT&T/Time Warner, is inconsistent with the predictions of a complex bargaining model, then the tribunal should reject the model rather than reality.

The Taiwan Fair Trade Commission’s Problematic Qualcomm Decision Highlights the Urgent Need for U.S. Leadership in International Antitrust

Joshua D. Wright

The TFTC’s Qualcomm decision clearly demonstrates the urgent need for further steps and continued leadership from American antitrust agencies.

Occupational Licensing and the American Dream

James C. Cooper, Koren Wong-Ervin, and Joshua D. Wright

More than a quarter of the American labor force requires a state license to work, a five-fold increase since the 1950s. Occupational licensing imposes restrictions on competition in every reach of the modern economy — with pernicious effects.