Some of Google’s critics analogize Google’s conduct today to that of Microsoft’s during its heyday of the 1990s:  Like Microsoft, Google is big.  Like Microsoft, Google has hampered the opportunities of rivals.  And like Microsoft, Google has abused its purported dominant position in online search by prominently displaying its own products in search results and excluding competitors.  This analogy may…

Today Google announced that the FTC had opened an investigation of its search practices.  This is an issue I have given considerable thought to.  In an article I just released—Internet Search Competition: Where’s the Beef?—I explain that while Google is the “target du jour in the antitrust community,” efforts to bring antitrust enforcement against Google…

Some commentators are pretty alarmed over the Federal Trade Commission’s ruling earlier this year denying antitrust immunity for a North Carolina regulatory board’s outlawry of teeth-whitening by non-dentists.  What has some of them using words like “epic,” and what has the state regulator-defendant virtually threatening secession from the Union (just take a look at the…

Today, the Federal Trade Commission released a plan for dealing with a government shutdown that would occur if Congress fails to enact appropriations by a midnight deadline. A shutdown looked likely as budget talks appeared to have broken down early Friday morning. As part of the FTC’s plan, the Commission’s Premerger Notification Office would remain…

A decision to watch for this year is the Eighth Circuit’s pending consideration of FTC v. Lundbeck, Inc., 2010-2 Trade Cases ¶77,160; 2010 WL 3810015 (D. Minn. Aug. 31, 2010).  (While I helped draft an amicus brief in that case, on behalf of the American Antitrust Institute, the views here are strictly my own.) If…

Soon after Jon Leibowitz became the head of the Federal Trade Commission in March 2009, he told attendees of the American Bar Association’s Section of Antitrust Law Spring Meeting in Washington, D.C. that they could expect continuity in enforcement at the agency. Leibowitz’s recent nomination to serve another seven years at the Commission points to…

The FTC has suffered a setback in its challenge to Laboratory Corporation of America’s acquisition of Westcliff Medical Laboratories, Inc. The federal district court in Santa Ana, California, on February 22 denied the agency’s request for a preliminary injunction to prevent integration of the firms pending the outcome of an administrative trial challenging the transaction….

News headlines suggesting an uptick in merger activity in 2010 were validated by the Federal Trade Commission’s 33rd “Hart-Scott-Rodino (HSR) Annual Report,” which was released today by the FTC with the concurrence of the Department of Justice Antitrust Division. According to the report, the number of transactions notified to the federal antitrust agencies grew by…

The Federal Trade Commission has issued a press release announcing the appointment of Theodore L. Banks, Esq., to monitor Coca-Cola Company’s compliance with the FTC order settling charges that the company’s acquisition of Coca-Cola Enterprises, its largest North American bottler, would be anticompetitive. The order requires Coca-Cola to restrict its access to confidential competitive business…

The FTC’s efforts to substantially revise the Horizontal Merger Guidelines for the first time since 1992 were among the recent agency accomplishments touted by FTC Chairman Jon Leibowitz in remarks delivered last week to attendees of Georgetown Law School’s Fourth Annual Global Antitrust Enforcement Symposium and Fordham Competition Law Institute’s International Antitrust Law & Policy…