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: 1033

Phillips’ successor may be tougher on Big Tech

When Noah Phillips departs the Federal Trade Commission in the fall, he will leave a legacy of defending Meta/Facebook against FTC action and create an open seat for a Republican to further shape...

More FTC partisan splits publicized under Khan

More 3-2 votes with partisan splits on more complex subjects have become public under Federal Trade Commission Chair Lina Khan’s tenure than during a comparable span of her predecessor.

Fate of antitrust legislation on Capitol Hill up in the air

A key antitrust bill on self-preferencing faces an uncertain future as Congress approaches the final weeks of its session.

Ransomware bill set for Senate consideration

A bill to require the Federal Trade Commission to report on cross-border ransomware complaints and other foreign cyberattacks awaits Senate consideration in September.

NRA responds to complaint on firearm ads

The National Rifle Association responded to gun safety groups’ complaint to the Federal Trade Commission about firearm ads, saying the “‘social utility’ of firearms isn’t up to some unelected...

Neil Averitt commentary: DOJ misses a bet in its case against publishing titans

In antitrust litigation, as in so much else, it helps to have confidence in what you’re doing. Yet the Department of Justice showed an odd lack of confidence in its handling of the Penguin Random...

on the shelf

Chronicling the life and times of Justice Frankfurter

In recent years, progressivism has become synonymous with judicial activism. That wasn’t always the case as we’re reminded in an engrossing new biography of Supreme Court Justice Felix Frankfurter.