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The FTC Abolishes Non-Compete Clauses

On Tuesday, the Federal Trade Commission enacted one of the most significant regulations of the Biden years: a comprehensive ban on non-compete clauses. Now the FTC must defend its rule in court.

The Treatise That Has Misled Antitrust Lawyers for Decades

Stephen Breyer called it more valuable than circuit court precedents and Supreme Court Justices. Yet the Areeda-Hovenkamp treatise on antitrust law adopts misleading legal interpretations that systematically favor corporate power in at least two key areas: thresholds for exclusive-dealing foreclosure and the efficiencies defense for mergers. Time for a reappraisal of an antitrust staple.

Merger Policy for a Fair Economy

Over the past four decades, a tidal wave of corporate mergers has resulted in industry concentration, higher prices, and reduced productive capacity. The U.S. wireless industry in the 2010s offers a case study of the public benefits of strong anti-merger law.

Fair Competition Policy without a Fair Competition Philosophy

By failing to articulate a vision of fair competition, the White House has delegated the task of moral exposition to its cabinet secretaries and agency leaders. This move may not prove fatal to the aspirations of antimonopolists, as some agencies are well positioned to do the work.