Competition on the Merits
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Are Mergers Back on the Menu? Separating the Signal from the Noise
Trump 2 merger enforcement has been unpredictable. Recent FTC & DOJ statements and actions signal that merger process & substance are back to "normal…
Jun 23
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Josh Wright
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Are Mergers Back on the Menu? Separating the Signal from the Noise
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Checking in on the Robinson-Patman Act Revival
Is the RPA dead, again, after the Trump FTC dismissed Lina Khan's barebones complaint against Pepsi? What happens to Southern Glazer's? And what is the…
Jun 9
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Josh Wright
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Checking in on the Robinson-Patman Act Revival
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May 2025
Down Goes Humphrey's Executor! So What Happens Now?
Humphrey's Executor, the long embattled precedent limiting the President's ability to fire FTC Commissioners, is dead.* I explain the practical…
May 27
•
Josh Wright
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Down Goes Humphrey's Executor! So What Happens Now?
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Is the FTC's Made in the USA Enforcement Ready for Prime Time or a House of Cards?
Made in the USA marketing claims are on the rise, but FTC MUSA authority stands on an evidentiary foundation that is in dire need of an upgrade. I…
May 13
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Josh Wright
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Is the FTC's Made in the USA Enforcement Ready for Prime Time or a House of Cards?
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The Trump EO on Anticompetitive Regulation Might Be the Deregulation Superbowl and it is Being Played at the FTC
Chairman Ferguson is the QB of the most ambitious deregulatory project in decades. It is ambitious, fast, and demands manpower, economics, and the FTC…
May 1
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Josh Wright
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The Trump EO on Anticompetitive Regulation Might Be the Deregulation Superbowl and it is Being Played at the FTC
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March 2025
What Kind of Animal Is the FTC's Platform Censorship RFI? Competition, Consumer Protection, or Both?
Unless it uncovers evidence of collusion on policies among platforms (and it might), there is good reason to doubt the RFI leads to antitrust cases…
Mar 17
•
Josh Wright
3
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What Kind of Animal Is the FTC's Platform Censorship RFI? Competition, Consumer Protection, or Both?
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The Executive Branch is the Captain Now
The White House has recast its relationship with independent agencies. OIRA now reviews regulation & the DOJ has the final say on interpreting law. What…
Mar 4
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Josh Wright
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The Executive Branch is the Captain Now
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February 2025
The ABA & the Accreditation Cartel: A Worthy Target for the Trump Antitrust Enforcers
The ABA settled cartel charges with DOJ in the 90s. It still restricts competition. Can the FTC/DOJ bring back competition in legal education? Perhaps…
Feb 20
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Josh Wright
1
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Competition on the Merits
The ABA & the Accreditation Cartel: A Worthy Target for the Trump Antitrust Enforcers
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The FTC Made Its Bed, Now It Must Lie In It
How the Biden FTC lost its vertical merger challenge against Tempur Sealy / Mattress Firm and the secret economic sauce behind the FTC's defeat
Feb 18
•
Josh Wright
5
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The FTC Made Its Bed, Now It Must Lie In It
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Grading the Biden Administration's Merger Enforcement Regime
Wu, Khan and Kanter declared the past 40 years of merger enforcement a failure overseen by feckless enforcers. It's time for a report card. How did they…
Feb 3
•
Josh Wright
9
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Grading the Biden Administration's Merger Enforcement Regime
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January 2025
The Khan FTC's Robinson-Patman Act Own Goal
Today's column is tale about how the Biden-Khan FTC conjured up a Robinson-Patman Act revival against all odds, only to snatch defeat from the jaws of…
Jan 31
•
Josh Wright
5
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The Khan FTC's Robinson-Patman Act Own Goal
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So You Want to be an FTC Chairman?
Ten Big Challenges Facing Chairman Ferguson as He Leads the FTC Through Pretty Perilous Times.
Jan 27
•
Josh Wright
4
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So You Want to be an FTC Chairman?
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