Ashley Baker 3/9/24 Ashley Baker 3/9/24

Administrative Agencies and Antitrust in 2024: Major Developments and a Look Ahead [Part 1]

This is the first panel of a conference hosted by the Committee for Justice examining FTC and DOJ agency actions, congressional oversight, litigation, the effects of Lina Khan’s approach on the economy and the law, and what we can expect to see in 2024.

Ashley Baker 3/8/24 Ashley Baker 3/8/24

Administrative Agencies and Antitrust in 2024: Major Developments and a Look Ahead [Part 2]

This is the second panel of a conference hosted by the Committee for Justice examining FTC and DOJ agency actions, congressional oversight, litigation, the effects of Lina Khan’s approach on the economy and the law, and what we can expect to see in 2024.

Ashley Baker 3/7/24 Ashley Baker 3/7/24

Administrative Agencies and Antitrust in 2024: Major Developments and a Look Ahead [Part 3]

This is the third panel of a conference hosted by the Committee for Justice examining FTC and DOJ agency actions, congressional oversight, litigation, the effects of Lina Khan’s approach on the economy and the law, and what we can expect to see in 2024.

Ashley Baker 7/20/23 Ashley Baker 7/20/23

The FTC in Courts and Congress: Here Comes Trouble? [Part 1]

This is the first panel of a two-part discussion on the Federal Trade Commission (FTC) in both the courts and in Congress, examining potential constitutional challenges, congressional oversight, and legislative priorities.

Ashley Baker 7/19/23 Ashley Baker 7/19/23

The FTC in Courts and Congress: Here Comes Trouble? [Part 2]

This is the second panel of a two-part discussion on the Federal Trade Commission (FTC) in both the courts and in Congress, examining potential constitutional challenges, congressional oversight, and legislative priorities.

Ashley Baker 9/29/22 Ashley Baker 9/29/22

Urging a “No” on H.R. 3843, the "Merger Filing Fee Modernization Act"

The following memo was sent to members of the U.S. House of Representatives and their staff, opposing H.R. 3843, the "Merger Filing Fee Modernization Act."

Ashley Baker 7/19/22 Ashley Baker 7/19/22

ColemanNation Podcast: The Biggest Monopoly

Ashley Baker 7/14/22 Ashley Baker 7/14/22

Congressional Briefing on Antitrust Enforcement: What If? Consequences of Proposed Antitrust Legislation

Experts will discuss the consequences of current proposals, including how they would play out from an enforcement perspective, and why certain proposals are an affront to the rule of law.

Ashley Baker 5/23/22 Ashley Baker 5/23/22

Upcoming Event: Antitrust and the Rule of Law: Past, Present, and Future

This event will feature two panel discussions with experts on key issues in antitrust law, followed by a reception for attendees.

Ashley Baker 5/1/22 Ashley Baker 5/1/22

The Federal Trade Commission Needs to Be Reined in

Some courts have claimed the judicial branch lacks jurisdiction to even challenge the FTC procedures, meaning there is no one to hold the FTC accountable when they overstep.

Ashley Baker 7/28/21 Ashley Baker 7/28/21

Statement for the Record on Hearing: ‘Transforming the FTC: Legislation to Modernize Consumer Protection’

On July 1, 2021, the Federal Trade Commission (FTC), after allowing six days for public comment, voted to rescind the 2015 Statement of Enforcement Principles Regarding “Unfair Methods of Competition” (UMC) Under Section 5 of the FTC Act. On July 21, 2021, the FTC voted to rescind its bipartisan 1995 Policy Statement on Prior Approval and Prior Notice Provisions in merger cases.

Notably, both of these actions – along with other significant changes – were effected along party lines, with limited opportunity for public input, and without dialogue among the Commissioners. Today’s hearing will consider a wide array of reforms, many of which are relevant to the level of discretion and enforcement principles under FTC Act § 5 and to the broader capabilities and mandate of the Commission.

Ashley Baker 7/19/21 Ashley Baker 7/19/21

Comments In Re: Rescission of 1995 FTC Statement on Prior Approval and Prior Notice Provisions

It is troubling that the FTC will be considering a significant shift in policy as the open meeting agenda will include this sudden push to revoke the 1995 statement. Of particular concern is the rejection of the prior approval provision.

With the adoption of the 1995 statement, the Commission accepted the Hart-Scott-Rodino (HSR) Act framework as adequate for handling mergers and thereby determined that prior approval of future acquisitions by a respondent should no longer be required as a routine matter.

The rescission of the 1995 statement is another step in the direction of rejecting the HSR regime which, in the words of Peter W. Rodino, Jr on the 25th anniversary of the Act, “absolutely has transformed merger enforcement. Competition, as well as the consumer, has benefitted.”