Non-compete rulemaking faces legal hurdles but could help Biden politically

The Federal Trade Commission’s rulemaking on non-compete agreements faces legal obstacles but could reap political and public policy benefits even if it’s struck down in court.

Neill Averitt

Chess cheating, defamation and the Twombly pleading standard

It’s an unusual legal story that involves international chess tournaments, the Twombly standard for pleading collusion, Arthur Schopenhauer, and radio-controlled vibrating sex devices — all at the same time. But this is such a story.

Current Issue: 1031

As Amazon investigation advances, novel theories anticipated

A complaint against Amazon could be based on novel legal theories and resemble the Facebook case in its breadth, as the Federal Trade Commission looks at whether Amazon’s market dominance is...

Phillips talks regulation, Supreme Court rulings, privacy and language usage

Twice last week, Federal Trade Commission member Noah Phillips did the opposite of entering the lion’s den.

FTC plummets in best workplace rankings

The Federal Trade Commission dropped to No. 22 in a coveted listing of best places to work among midsize government agencies, after ranking in the top five for the past five years.

Breyer’s high court legacy an ideological mixed bag

When Justice Stephen Breyer retired from the Supreme Court last month, the court lost its most knowledgeable expert on antitrust and administrative law, and one who wasn’t easy to label.

Gender-based pricing bill languishes in House

It costs more to be a woman, and 61 members of Congress say the Federal Trade Commission should enforce violations of a ban on gender-based pricing.

Neil Averitt commentary: New ideas wanted for assessing pharma deals

Both federal antitrust agencies are looking for new ideas to deepen their analysis of pharmaceutical mergers, and now they have the workshop to prove it.

on the shelf

Book mostly throws cold water on FTC antitrust rulemaking

Go slow. That’s the advice most scholars and practitioners are giving to the Federal Trade Commission as it considers embarking on antitrust rulemaking.