Legal Memorandum posted December 11, 2014
Constitutional Constraints on Federal Antitrust Law
America’s antitrust laws have long held a special status in the federal statutory hierarchy. The Supreme Court of the United States, for example, has famously stated that the “[a]ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.” Thus, a decision not to apply the antitrust laws to a particular type of conduct…
Legal Memorandum posted October 29, 2014
Time to Reform FTC Advertising Regulation
Advertising is a boon to the American economy. By informing large numbers of consumers about the attributes of goods and services, it helps to create broad markets for those products, generating economies of scale that lower cost and prices.
Information embedded in advertising allows consumers to make better choices in the marketplace, benefiting ultimate purchasers…
Legal Memorandum posted September 10, 2014
The Federal Trade Commission’s Role in Online Security: Data Protector or Dictator?
Background: The Online Data Security Problem
While the phrase “identity theft” typically brings to mind stolen credit cards and false identity badges, another key area where privacy violations can occur is less visible but equally insidious: corporate data breaches. Companies’ online data protection practices have a major impact on consumer privacy. Target’s 2013…
Legal Memorandum posted June 25, 2014
Strengthening Property Rights and the U.S. Economy Through Federal Trade Secret Protection
Strong protection for intellectual property (IP) is vitally important to the health of the United States economy. IP industries account for more than 40 percent of U.S. economic growth and employment, and they create strong incentives for investments in innovation that drive future U.S. economic growth and innovation.
Currently, owners of three of the four major…