This article considers a rulemaking effort underway at the Securities and Exchange Commission to regulate the conflicts of interest that result when brokers send client orders to venues that pay the broker a fee in exchange for routing to them. These payments for order flow or rebates present a...

The federal government’s economic response to the COVID-19 epidemic has principally been one in which the Federal Reserve has set up extraordinary lending facilities in partnership with the Treasury Department. These facilities were modeled on multi-trillion-dollar lending facilities set up by...

In March of 2021, Allison Herrin Lee, then Acting Chair of the Securities and Exchange Commission (SEC), requested public input on expanding climate change disclosures. In May, Commissioner Lee argued that the SEC had broad authority to require such disclosures, even if the disclosures are...

The Durbin Amendment to the Dodd-Frank financial reform legislation capped debit card interchange fees for banks with assets of $10 billion. Credit card and prepaid card interchange fees were not regulated. The cap, which took effect on October 11, 2011, cut the average interchange fee for...

This comment is submitted by the Global Antitrust Institute (GAI) at the Antonin Scalia Law School, George Mason University to the Swedish Competition Authority regarding its proposed market study of digital platforms. The GAI Competition Advocacy Program provides a wide range of recommendations...

This comment is submitted in response to the United States Federal Trade Commission (“FTC”) hearing on Consumer Privacy as part of the Hearings on Competition and Consumer Protection in the 21st Century. We submit this Comment based upon our extensive experience and expertise in consumer...

The FTC has enjoyed great success for decades, and I address four topics here in this paper presented at the opening session of the FTC's “Hearing on Competition and Consumer Protection in the 21st Century.” First, what durable success means for an agency like the FTC. Then, the vision I...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the U.S. Federal Trade Commission regarding its Hearings on Competition and Consumer Protection in the 21st Century. The GAI Competition Advocacy Program discusses vertical...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the U.S. Federal Trade Commission regarding its hearings on Competition and Consumer Protection in the 21st Century, The Consumer Welfare Standard in Antitrust Law. The GAI...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the U.S. Federal Trade Commission regarding its hearing on Concentration and Competitiveness in the U.S. Economy as part of the Hearings on Competition and Consumer Protection in...