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... Read More
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... Read More
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... Read More
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... Read More
The FTC’s Study and Advocacy Authority in Its Second Century: A Look Ahead
Professor Andrew I. Gavil 83 Geo. Wash. L. Rev. 1902 Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100” The Federal Trade Commission’s (“FTC” or “the Commission”) authority extends beyond antitrust law enforcement to include unique tools for industry study and competition advocacy that allow it to construct a broader competition... Read More
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... Read More
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... Read More
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... Read More
An Unfair Presumption in the Fair Labor Standards Act
Alexander Kritikos · January 2016 84 Geo. Wash. L. Rev. Arguendo 1 The Obama Administration’s Department of Labor has made it a top priority to find and investigate instances of employee misclassification—that is, designating a worker as an independent contractor rather than an employee. Proper classification is important because the Fair Labor Standards Act provides... Read More
On the Docket’s Preview of December Supreme Court Arguments
How much impact can one case have? In this month’s upcoming arguments, the Court has taken on ten cases which will, each in its own way, have far reaching implications. On Monday, the Court will resolve circuit splits and ambiguity through Musacchio v. United States and Green v. Brennan. While Musacchio will yield from the Court... Read More