By John J. Kavanagh & Weisiyu Jiang[1]   I. Background Reviving a deregulatory agenda with a new antitrust twist, the Trump administration is using Executive Orders along with DOJ and...

By Lawrence W. Abrams [1] Numerous legal and legislative actions are in process alleging that the Big 3 pharmacy benefit managers (“PBMs”) – CVS Caremark, Aetna Express Scripts, and United...

By Jay Ezrielev[i] Government agencies and private plaintiffs have a novel explanation for high rents: pricing algorithms embedded in rental revenue management software. This software makes individualized rent recommendations to...

By David B. Schwartz, Julie Catala Marty, Darren Ray & Lucille Valadou[1] As companies examine their sustainability priorities in 2025, they should be aware of a large and growing rift...

Kevin Frazier[1] I. The Forgotten Public Interest Standard Imposed on the FTC The Federal Trade Commission (“FTC” or the “Commission”) does not have a limitless jurisdiction.[2] Prior to issuing a...

By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the...

By Luke M. Froeb1 & Michael Vita2   I. Focus on Consumer Welfare In the 40 years preceding the Federal Trade Commission (“FTC”) under the Biden Administration (“Biden FTC”), consumer...

By Thomas W. Ross1   I. Introduction After an active few years involving various proposals for reform, public consultations, bills debated in Parliament and, finally, three sets of amendments to...