Author: 21st Century Competition

Bringing Antitrust’s Economic and Institutional Limits to the FTC’s Consumer Protection Authority (Competition Policy International)

In 1914 Congress gave the U.S. Federal Trade Commission sweeping jurisdiction and broad powers to enforce flexible rules to ensure that it would have the ability to serve as the regulator of trade and business that Congress intended it be. Much, perhaps even the great majority, of what the FTC …read more

Should Section 5 Guidelines Focus on Economic Efficiency or Consumer Choice? (Competition Policy International)

Commissioner Wright is right that it would be desirable for the Commission to issue Section 5 antitrust guidelines. This article will demonstrate, however, that the best way to formulate Section 5 guidelines is to focus them on the goal of protecting consumer choice, rather than to embrace Commissioner Wright’s proposal …read more

The Unrealized Congressional Vision for the FTC and Its Historic Performance as a Law Enforcement Agency (Competition Policy International)

The subject of the FTC’s history in its first century and its potential for modernization are broad topics, and I will not be able to do them justice given constraints of time and space. I hope, however, that reflection on the unrealized Congressional vision for the FTC and its historic …read more

Competition Policy: Second C.D. Howe Report on “Price Gap” Issue: Legislative Solution a Really Bad Idea (Canadian Competition and Regulatory Law)

May 8, 2014

Earlier today, the C.D. Howe Institute issued the second of two reports on the Canada/U.S. “price gap” issue: Cross-Border Price Regulation: Anti-Competition Policy? For my comments on the first report, issued two days ago see: here.

In this second report, by the C.D. …read more