The FTC: A Framework for Promoting Competition and Protecting Consumers

Chairwoman Edith Ramirez 83 Geo. Wash. L. Rev. 2049 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” Over the course of the last 100 years, the Federal Trade Commission (“FTC” or “Commission”) has successfully tackled complex and often politically charged economic issues by elevating reason over rhetoric and consensus over...
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Weigh the Label, Not the Tractor: What Goes on the Scale in an FTC Unfairness Cost-Benefit Analysis?

Commissioner Maureen K. Ohlhausen 83 Geo. Wash. L. Rev. 1999 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” In January 2014, Apple settled with the Federal Trade Commission (“FTC” or “the Commission”) an unfairness case involving Apple’s processing of in-app purchases by consumers. This settlement generated three separate statements from...
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It’s Time to Remove the “Mossified” Procedures for FTC Rulemaking

Professor Jeffrey S. Lubbers 83 Geo. Wash. L. Rev. 1979 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” This Essay, prepared for The George Washington Law Review’s Symposium “The FTC at 100,” addresses the Federal Trade Commission’s rulemaking process—specifically the quasi-adjudicative process mandated by the Magnuson-Moss Warranty—Federal Trade Commission Improvement...
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Can’t Anyone Here Play This Game? Judging the FTC’s Critics

Professors David A. Hyman and William E. Kovacic 83 Geo. Wash. L. Rev. 1948 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The conventional wisdom is that the FTC was the governmental equivalent of a leper colony prior to 1969, and its credibility and reputation were restored only by the...
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Merging Innovation into Antitrust Agency Enforcement of the Clayton Act

Professors Richard J. Gilbert and Hillary Greene 83 Geo. Wash. L. Rev. 1919 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evolve, with regard to both general statements of enforcement policy and specific enforcement decisions. The...
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Looking Ahead: The FTC’s Role in Information Technology Markets

Jeffrey A. Eisenach and Ilene Knable Gotts 83 Geo. Wash. L. Rev. 1876 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The Federal Trade Commission has played, and should continue to play, a key role in preserving and promoting competition in information technology markets. In this Essay we review recent...
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Debunking Humphrey’s Executor

Professor Daniel A. Crane 83 Geo. Wash. L. Rev. 1835 Published in connection with the Law Review’s 2014 Symposium “The FTC at 100” The Supreme Court’s 1935 Humphrey’s Executor decision paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s powers to remove heads of regulatory agencies. The...
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On the Docket’s Preview of January Supreme Court Arguments

    The United States Constitution forms the solid foundation of the American legal system, spelling out the structure of government and guarantees of personal liberty in no uncertain terms. Yet, as evidenced by the cases on the Supreme Court’s January calendar, these seemingly straight forward edicts aren’t always so simple in practice. The Court’s first arguments of...
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