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: 805

Robert Bork is back, as antitrust advisor to GOP candidate Mitt Romney

As former Massachusetts Governor Mitt Romney wraps up the Republican presidential nomination, a man well-known in antitrust circles is emerging at his side as co-chairman of the campaign’s “Justice...

Medco-Express Scripts deal analysis

In closing its investigation of the Express Scripts-Medco merger, the FTC was following its own long history of taking a more tolerant approach than the Department of Justice’s Antitrust Division...

Bill seeks antitrust exemption for pharmacists

At a hearing last week on Capitol Hill, congressmen heard more reports on yet another fixture of traditional economic life that is reported to be in its death throes—the independent pharmacists of...

Is having a lawyer present intimidation?

One of the big questions since the creation of the Consumer Financial Protection Bureau is how aggressive the new agency will be in using its broad enforcement powers. Some Republican lawmakers...

DOJ issues a warning

The Justice Department is warning antitrust lawyers that they should tell their corporate clients to watch out and evaluate whether the contracts by which they purchase goods could be running afoul...

Consumer advocates unhappy with CFPB over credit-card fees

Even as some financial institutions worry that the Consumer Financial Protection Bureau may be heavy-handed in exercising its broad new enforcement authority, the agency drew criticism from...