The potential complementarities between antitrust and consumer protection law — collectively, “consumer law”— are well known. The rise of the newly established Consumer Financial Protection Bureau (CFPB) portends a deep rift in the intellectual infrastructure of consumer law that...

As part of its overhaul of financial services regulation the Obama Administration has proposed stronger protection of consumers of financial products and services. The Consumer Financial Protection Agency Act of 2009 (CFPA Act), which the Administration submitted to the U.S. Congress on June 30,...

The Federal Trade Commission’s recent complaint targets the Intel Corporation for antitrust scrutiny under Section 5 of the Federal Trade Commission Act and Section 2 of the Sherman Act. The Commission alleges that, through the use of loyalty discounts offered to microprocessor purchasers,...

State Consumer Protection Acts (CPAs) were designed to supplement the Federal Trade Commission's mission of protecting consumers and are often referred to as “little-FTC Acts.” There is growing concern that enforcement under these acts is not only qualitatively different than FTC...

In this Essay, the authors argue that in cases involving digital platforms, the Federal Trade Commission — when alleging unfair acts or practices in violation of section 5 of the Federal Trade Commission Act — must adopt the insights from platform economics and apply them within the legal...

The creation of a new Consumer Financial Protection Agency (“CFPA”) is a very bad idea and should be rejected. The proposal is not salvageable and cannot be improved in substance or in form. The foundational premise of the CFPA is that a failure of consumer protection, and specifically...

Over a series of three days, from October 15 to 17, 2018, the Global Antitrust Institute (GAI) hosted the third session of the FTC Hearings on Competition and Consumer Protection in the 21st Century at the Antonin Scalia Law School, George Mason University. After introductory remarks by Scalia...

This comment is submitted in response to the United States Federal Trade Commission (“FTC”) hearing on Concentration and Competitiveness in the U.S. Economy as part of the Hearings on Competition and Consumer Protection in the 21st Century. We submit this comment based upon our extensive...

This Comment is submitted in relation to the Federal Trade Commission's (“FTC”) Hearings on Competition and Consumer Protection in the 21st Century. Specifically, we address the United States Supreme Court's holding in FTC v. Actavis, Inc. that reverse-payment settlements should be analyzed...