The Supreme Court has held that Article II’s vesting of executive power in the President, who must “take Care that the Laws be faithfully executed,” provides the President with the power to remove most principal executive officers at will. The Court has also held that Humphrey’s Executor...

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...

Data sharing presents many opportunities in terms of stimulating innovation and creating a level playing field between businesses, but also carries risks by potentially decreasing incentives for data collection and analysis, facilitating collusion between firms or exploiting consumers as well as...

This article focuses on the critical importance to consumer protection of the “dynamic duo” of state and private enforcement mechanisms provided in state unfair and deceptive acts or practices (UDAP) statutes. The article begins by chronicling the origins of these state laws, rooted in a...

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...

Competition and consumer protection law are intimately related, two sides of the same coin of consumer sovereignty and hence economic justice. Somewhat surprisingly, this relationship is only beginning to be recognized by academics and policy makers. Even more interestingly, the fundamental...

This paper examines the different images of the ‘consumer(s)’ drawn in EU Competition Law and seeks to identify exactly who those consumers are. The competition provisions in the TFEU make several express references to consumers without defining the term. Further, a number of allusions to...

The Discussion Paper, intended to guide the ACCC toward the recommendations in the ongoing Digital Platform Services Inquiry, suggests consideration of a wide variety of sweeping changes in Australian competition-law enforcement and the enactment of additional regulations in regard to social...

On October 25, 2021, in a 3-to-2 vote, strictly along party lines, the Federal Trade Commission (“FTC”) announced a major policy shift in how the agency will review and settle mergers. Going forward, all parties who agree to a merger remedy order, including a divestiture, must also agree...

The application of AI and Machine Learning (ML) techniques is becoming a primary issue of investigation in the legal and regulatory domain. Antitrust agencies are into the spotlight because antitrust is the first arm of government regulation by tackling forms of monopoly and collusive practices...