Antitrust & Competition - Innovators Network

Crushing David on the Way to Fight Goliath: How the Federal Trade Commission’s War on Bigness Will Also Hurt Small Businesses

Abstract By: Jessica Melugin The current leadership of the Federal Trade Commission (FTC) has aggressively targeted “bigness” in the U.S. economy, focusing on industries dominated by large firms. FTC Chair Lina Khan emphasized this stance in 2021, marking the beginning of intensified regulatory scrutiny. This paper explores the adverse impacts of these FTC actions, particularly […]

The 2023 Year in Review: Barrier to Exits, Agency Overreach, and Unintended Consequences

As legislators and enforcement agency officials debate the applicability of antitrust (or competition) law to digital platforms, they are grappling with a wide range of sometimes conflicting policy objectives and concerns. In 2023, the Innovators Network Innovation (INF) fellows continued to research the regulatory dynamics of applying antitrust and competition law in the digital ecosystem. […]

Antitrust & Enforcement: Letting Markets Work Without Empowering Government

While the current frustrations with the size of large tech companies and censorship practices may be warranted, giving government enforcers and bureaucrats more power is not the answer. Instead, existing antitrust laws and the consumer welfare standard are still the best tools for protecting competition and consumers. Competition fellow, Ted Bolema, explores how the calls […]

FTC Lawsuit Against Amazon’s Prime Is Poor Use of Limited Resources

The Federal Trade Commission is ready in arms for its upcoming suit against Amazon alleging that the company tricked customers into signing up for the company’s “Prime” membership and then made it difficult to cancel that subscription service. Competition fellow, Jessica Melugin, highlights the FTC’s use of limited resources to fight a company that provides […]

Deepening Fault Lines: Diverging Antitrust Enforcement at the DOJ and FTC

In a time when antitrust enforcement plays a pivotal role in shaping markets and ensuring fair competition, understanding the dynamics between these two powerful entities is crucial The realm of antitrust enforcement is witnessing a resurgence in the spotlight, with the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission leading the charge. […]

FTC’s Subscription Deception

Competition fellow, Theodore Bolema, explores the pitfalls of a one-size-fits-all rule on negative option features for innovative businesses. In an everchanging digital marketplace, users and business owners are faced with many different options and potential subscription models to better enjoy a service. The Federal Trade Commission (FTC) announced a Negative Option Rule Notice of Proposed […]

FTC Continues War on Bigness by Opposing Microsoft Video-Game Acquisition

Competition fellow, Jessica Melugin, explores the economic rationale behind the agency’s investigation and why this may hinder US competition globally in the gaming industry In the dynamic world of gaming, Microsoft’s proposed acquisition of the gaming publishing company, Activision Blizzard, has stirred quite a debate. Why is the FTC attempting to halt a deal that […]

The Misbegotten War Against Curation

Check out Competition fellow, Jane Bambauer, in her recent paper w/The Lawfare Institute. In the realm of social media and online marketplaces, platforms engage in a delicate dance of content curation. The competition for users hinges on how well a platform formats and curates user-generated content. This dance aims to keep users engaged, ensure content […]