Tech titans, other companies face PR hurdles in antitrust suits
Antitrust cases are fought as much in the court of public opinion as in a courtroom, and experts say that calls for a multipronged strategy.
Actually using a balancing test in the Google case
Antitrust lawyers love to talk about the consumer welfare standard and the rule of reason, and indeed these things are central to the intellectual framework of the law and to practical counseling. But when they’re put to the test in high-stakes litigation against Big Tech, courts generally recoil...
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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...
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.