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Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten
Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten
Fordham Journal of Corporate & Financial Law
The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …
Antitrust For Dominant Digital Platforms: An Alternative To The Monopoly Power Standard To Restore Competition, Jordan Ramsey
Antitrust For Dominant Digital Platforms: An Alternative To The Monopoly Power Standard To Restore Competition, Jordan Ramsey
Senior Honors Theses
Antitrust law is meant to promote competition by prohibiting anticompetitive business practices such as mergers and acquisitions as well as exclusionary conduct. Judicial interpretation of antitrust law has allowed dominant digital platforms to undertake anticompetitive actions without prosecution. The Sherman Antitrust Act should be amended to remove the monopoly power standard that allows firms to engage in anticompetitive conduct as long as the conduct does not create or uphold monopoly power. The amendment would make anticompetitive conduct illegal regardless of monopoly power, as long as six proof requirements are met. This would result in lessened market concentration, which would benefit …
Doj Withdraws Healthcare Antitrust Protections, Lance Plunkett Jd, Llm
Doj Withdraws Healthcare Antitrust Protections, Lance Plunkett Jd, Llm
The New York State Dental Journal
DOJ has withdrawn longstanding antitrust guidance that provided safe harbors for specific conduct in the healthcare marketplace.
Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto
Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto
University of Pennsylvania Journal of Business Law
The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and smart contracts to make the present antitrust enforcement more efficient. In the U.S. approximately ninety percent of no-merger antitrust proceedings are settled by means of consent decrees. However, the consent decree procedure is criticized for a lack of transparency and there is often the need for …
Piercing The "Holder In Due Course Doctrine": Preservation Of Consumer's Claims And Defenses- New Weapon For The Federal Trade Commission, A. Lee Lassiter Jr.
Piercing The "Holder In Due Course Doctrine": Preservation Of Consumer's Claims And Defenses- New Weapon For The Federal Trade Commission, A. Lee Lassiter Jr.
Southern Business Review
A. Lee Lassiter, Jr., is an Assistant Professor of Law in the Department of Finance and Law at Georgia Southern College.
Advising 101 For The Growing Field Of Social Media Influencers, Stasia Skalbania
Advising 101 For The Growing Field Of Social Media Influencers, Stasia Skalbania
Washington Law Review
The Federal Trade Commission (FTC) protects consumers from unfair and deceptive business practices. In 2019, the FTC released the “Disclosures 101 for Social Media Influencers Guide” (herein referred to as the “2019 Influencer Guide”). The 2019 Influencer Guide outlines advertisers’ and endorsers’ specific responsibilities relating to the advertising and marketing of products on social media platforms. Despite the extensive information provided within the 2019 Influencer Guide, there is still great confusion regarding endorsement disclosure requirements, and many brands and influencers are not in compliance with FTC recommendations. This Comment provides guidance to brands and social media influencers on how to …
News You Need: Reminder: What You Must Know About Antitrust Law, Dan Schulte Jd
News You Need: Reminder: What You Must Know About Antitrust Law, Dan Schulte Jd
The Journal of the Michigan Dental Association
This reminder emphasizes the critical importance for dentists, particularly members of organizations like the Michigan Dental Association, to understand antitrust laws and their implications. The U.S. Justice Department and Federal Trade Commission actively pursue antitrust violations among physicians and dentists. The article outlines key aspects of the Sherman Antitrust Act, emphasizing that joint activities among independent dentists that restrain competition may lead to violations. The concept of joint action and the restraint on competition are explored, with a focus on potential pitfalls, such as price-fixing and group boycotts. Dentists are urged to stay informed to avoid legal consequences.
Returning To The Statutory Text: Why The Language Of Section 13(B) Requires Courts To Narrowly Construe The Ftc’S Ability To Obtain Injunctive Relief, Christopher Halm
Returning To The Statutory Text: Why The Language Of Section 13(B) Requires Courts To Narrowly Construe The Ftc’S Ability To Obtain Injunctive Relief, Christopher Halm
Fordham Journal of Corporate & Financial Law
The Federal Trade Commission (FTC) enforces over 70 laws in the areas of antitrust and consumer protection, and one valuable tool to support their enforcement is Section 13(b) of the Federal Trade Commission Act (“Section 13(b)”). Section 13(b), among other features, grants the FTC authority to seek an injunction in district court against any defendant that is “about to violate” one or more of those laws. For the past three decades, courts have adopted a permissive judicial interpretation of that language, authorizing injunctions against defendants when the allegedly impending violations were only “likely to recur” based on past misconduct. This …
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love
Journal of Intellectual Property Law
No abstract provided.
A Further Empirical Investigation Into “Up To” Advertising Claims: The “As Low As” Claim, Jeffrey S. Gutenberg, James M. Quinn
A Further Empirical Investigation Into “Up To” Advertising Claims: The “As Low As” Claim, Jeffrey S. Gutenberg, James M. Quinn
Atlantic Marketing Journal
For many years the Federal Trade Commission has sought to prevent deceptive advertising under Section 5 of the Federal Trade Commission Act. The FTC’s focus has encompassed not only false advertising claims, but also advertising claims that, while literally true, tend to deceive consumers. “Up to” claims fall under this scrutiny since they can be misunderstood as promising consumer benefits (e.g. “up to 50% savings”) that might not be realized by all consumers. This paper presents the results of research conducted with 600+ members of a commercial consumer panel to evaluate a variant of this type of claim, the “As …
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Adam Thierer
This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate …
Covert Marketing Unmasked: A Legal And Regulatory Guide For Practices That Mask Marketing Messages, Ross D. Petty, J. Craig Andrews
Covert Marketing Unmasked: A Legal And Regulatory Guide For Practices That Mask Marketing Messages, Ross D. Petty, J. Craig Andrews
Marketing Faculty Research and Publications
Masked marketing—one form of covert marketing—involves marketing communications that appear to be from independent third parties rather than from product marketers. This article presents a typology of masked marketing practices, illustrating whether they may be deceptive to consumers. To accomplish this, the authors apply the Federal Trade Commission’s three-part definition of deception (i.e., misleadingness, reasonable consumer, and materiality) in the evaluation of such practices. The article concludes with policy recommendations including areas for further research.
Electronic Commerce Fraud: Towards An Understanding Of The Phenomenon, Ian Macinnes, Damani Musgrave, Jason Laska
Electronic Commerce Fraud: Towards An Understanding Of The Phenomenon, Ian Macinnes, Damani Musgrave, Jason Laska
School of Information Studies - Faculty Scholarship
No abstract provided.
Adherence Of Prime-Time Television Advertising Disclosures To The “Clear And Conspicuous" Standard: 1990 Vs. 2002, Mariea Grubbs Hoy, J. Craig Andrews
Adherence Of Prime-Time Television Advertising Disclosures To The “Clear And Conspicuous" Standard: 1990 Vs. 2002, Mariea Grubbs Hoy, J. Craig Andrews
Marketing Faculty Research and Publications
In 1990, one-fourth of all national television commercials contained disclosures, yet none of the disclosures adhered to all of the Federal Trade Commission's "clear and conspicuous" standard (CCS). As a result of marketplace changes and a 2001 Federal Trade Commission and National Advertising Division joint workshop, the authors anticipate an increase in the number of disclosures and greater adherence to the CCS. The authors find a significant increase in disclosure incidence; however, adherence declines or remains unchanged for most individual guidelines. Finally, the authors provide public policy implications and offer suggestions to increase adherence to the CCS.