The Scope and Potential of FTC Data Protection

Professors Woodrow Hartzog and Daniel J. Solove 83 Geo. Wash. L. Rev. 2230 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” For more than fifteen years, the FTC has regulated privacy and data security through its authority to police deceptive and unfair trade practices as well as through powers conferred...
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Stop Chug-a-lug-a-lugin 5 Miles an Hour on Your International Harvester: How Modern Economics Brings the FTC’s Unfairness Analysis Up to Speed with Digital Platforms

Commissioner Joshua D. Wright and John Yun 83 Geo. Wash. L. Rev. 2130 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” 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...
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Charting the Course: The Federal Trade Commission’s Second Hundred Years

Professor David C. Vladeck 83 Geo. Wash. L. Rev. 2101 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The 100th anniversary of the Federal Trade Commission (“FTC” or “Commission”) provides an opportunity to celebrate the Commission’s enviable record of accomplishment. It also gives Commission watchers a chance to reflect on...
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Analyzing Robinson-Patman

Professor D. Daniel Sokol 83 Geo. Wash. L. Rev. 2064 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The Robinson-Patman Act protects inefficient competitors rather than consumers. The possibility of a suit brought under Robinson-Patman increases the costs of efficient competitors. Robinson-Patman shifts the benefit of antitrust law from consumers...
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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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