Blog
The GUARD Act dis-GUARDs the First Amendment and competition
When looking at Sen. Josh Hawley’s (R-MO) GUARD Act (S. 3062 – Guidelines for User Age-verification and Responsible Dialogue Act), the puns write…
Blog
Rule by Vibes, Ruined by Reality: Why the FTC’s HSR Loss Demands a Legislative Fix
The Federal Trade Commission (FTC) is doubling down on a losing hand. Despite a stinging courtroom defeat last week that vacated its 2024…
Blog
FTC appeals Meta antitrust ruling with a wooden racket
The Federal Trade Commission (FTC) could take a lesson in humility from Björn Borg, one of the true greats of tennis’s Open Era. By…
Blog
The attention wars: Why Netflix is buying the past to own the future
The old “streaming wars” are over; the “attention wars” have begun. In the new battle, Netflix’s strategic acquisition of Warner Bros. Discovery makes perfect…
Blog
FTC’s Strategic Plan needs better strategy, more plans for Hart-Scott-Rodino
[Author’s correction: This blog post and comment incorrectly stated that the Federal Trade Commission’s Draft Strategic Plan for FY 2026-2030 failed to comply with…
Blog
HSR hibernation: Will the FTC PNO see its shadow during government shutdown?
It’s time for DC to find a real groundhog that can assist in determining if the government will shut down to replace the…
Blog
Messy merger math and the congressional fix
The Department of Justice’s Antitrust Division has offered a glimpse into premerger enforcement activities over the past six months. In February 2025, the new…
Blog
Lawmakers continue to embrace incoherent tech policy
As Congress continues its march to “rein in Big Tech,” some lawmakers seem unaware of how their stated goals conflict with each other. Members…
Blog
America last? How the antitrust agencies could jeopardize both big and small business
At a time when trade deficits, particularly with China, are a major economic and political concern for the Trump administration, the antitrust authorities are…
Blog
How valuable will anonymous comments be to the Ferguson FTC?
Comments to the Federal Trade Commission (FTC) for its “Inquiry on Tech Censorship” are due next month on May 21, 2025, and the public…
Blog
Don’t let a government shutdown stop mergers
With a March 14 deadline looming, the US is heading towards another government shutdown. Congressional Democrats seem willing to let funding lapse unless…
Blog
Big tech: threat or America’s best hope in global AI race? Questions for Trump antitrust appointees
Continued scrutiny of tech companies by antitrust authorities is expected under the Trump administration, with two new nominees awaiting confirmation to the Department…
Blog
The One Agency Act, so hot right now
The 119th Congress has reignited old conversations regarding antitrust enforcement in the US. Namely, do we need two agencies to enforce the antitrust laws?…
Blog
FTC’s second interim report on PBMs: Don’t hold your breath
The Federal Trade Commission (FTC) will consider issuing a second interim report on Pharmacy Benefit Managers (PBMs) tomorrow during its January 14 open…
Blog
Congress shouldn’t rely on incomplete FTC PBM study
Lawmakers are making a last-minute push to regulate the practices of pharmacy benefit managers (PBMs) during the lame duck session. However, it would be…
Blog
John Deere is the FTC’s latest corporate boogeyman
The Federal Trade Commission (FTC) has been investigating John Deere’s repair offerings for over three years now, as revealed in a filing made…
Blog
A cry for Yelp or crocodile tears?
Online review platform Yelp filed a private antitrust suit against Google last month, accusing the tech company of monopolizing the “local search services…
Blog
Three years of Chair Lina Khan’s unhinged FTC
Lina Khan’s appointment to the Federal Trade Commission (FTC) was meant to bring about significant change and a new direction for the independent agency.
Blog
FTC approves ban on noncompete agreements, sets up potential court battle
The Federal Trade Commission (FTC) voted to ban the vast majority of noncompete agreements in employment contracts during a special open commission meeting…
Blog
Lina Khan’s tenure as FTC Chair highlights need for reform of the agency
Three years ago, today, President Biden nominated Lina Khan to the Federal Trade Commission (FTC). The Senate confirmed Khan as a commissioner later…
Blog
Right to repair will not save households over $300 a year
You may have heard that so-called “right to repair” laws will provide big savings to consumers. Last week, Forbes published an article claiming…
Blog
‘Right to repair’ advocates likely to fail at the FTC
CEI submitted comments on a 53-page petition for rulemaking last week that asked the Federal Trade Commission (FTC) to promulgate rules “to protect…
Blog
During government shutdowns, Lina Khan shuts down you
The Federal Trade Commission (FTC) updated its contingency plan for how it will operate if Congress fails to fund the government last week. Likely…
Blog
Khan’s FTC could harm America’s competitiveness abroad
The Federal Trade Commission (FTC) threatens to put US global competitiveness at risk by pursuing stringent antitrust goals that target the largest American tech…
Blog
Biden administration cites fanciful numbers to support ‘right to repair’
The Biden White House hosted an event on right to repair last Tuesday to provide information “about federal and state efforts to strengthen…
Blog
In today’s age of musical abundance, we all live like ‘kings’
We are in the midst of an art renaissance, and very few people are talking about it. One person who is talking about it…
Blog
CEI Hill event shows how the FTC is burdening small businesses
Many have praised Lina Khan, chair of the Federal Trade Commission (FTC), for her commitment to regulate “big business.” Under her leadership, the FTC…
Blog
House Republicans continue to grill the FTC for its overreach
The House Judiciary Committee held a hearing on Thursday of last week entitled “Oversight of the Federal Trade Commission.” Lines of questioning were…
Blog
European Union says phones and tablets must be easier to break by 2027
The European Parliament agreed on new rules last week that would require smartphone and tablet manufacturers to make it easier for users to…
Blog
FTC, or ‘Fundraising Trade Commission,’ tries to shrug off a Supreme Court judgment
If you thought the Federal Trade Commission (FTC) was only coming after “big” business, think again. The FTC is targeting small and family businesses…
Blog
Don’t drink the ‘right to repair’ Kool-Aid
“What’s in a name?” William Shakespeare posed the question in Romeo & Juliet to illustrate that a rose, even if called by a different…
Blog
Calling legislation the AMERICA Act doesn’t make it a good bill
The Competition and Transparency in Digital Advertising Act is back but under a new name: The Advertising Middlemen Endangering Rigorous Internet Competition Accountability…
Blog
Secondhand Antitrust: FTC Continues to Bully Industries that Can Save Lives
Altria Group, the largest tobacco company in the U.S., divested its 35 percent stake in the e-cigarette maker Juul Labs early last month. The…
Blog
FTC Budget Request: More Money, More Staff, and More Problems
Instead of increasing the FTC’s budget, Congress should increase oversight of an agency gone rogue. The Federal Trade Commission (FTC) submitted its…
Blog
New CEI Paper Outlines Problems with “Right to Repair” Legislation
At least 20 states have filed or refiled “right to repair” legislation since the start of the new year. Two states passed right…
Blog
Biden Administration Is Late to Right to Repair Party, but that Won’t Stop Them from Taking Credit
President Biden signed an Executive Order on “Promoting Competition in the American Economy” in July 2021. The EO covered a wide-range of…
Blog
NTIA Report Ignores Relevant Competition in Its Study of App Ecosystem
The National Telecommunications and Information Administration (NTIA) released its report on “Competition in the Mobile Application Ecosystem” this past Wednesday. I submitted…
Blog
The Federal Trade Commission Is in Dire Need of an Intervention
In recent years, the Federal Trade Commission (FTC) has become increasingly aggressive in its antitrust actions and policies. This expansion will be harmful to…
Blog
Meta’s Drop in Stock Price Unlikely to Dissuade Antitrust Inquiries, but It Should.
“We don’t even know what it is yet.” That’s how the theatrical depiction of Mark Zuckerberg described “The Facebook” to his then co-founder…
Blog
“Abracadabra”: European Union Regulators Make Innovation Disappear
Members of the European Parliament are eagerly awaiting their Hogwarts acceptance letters to attend the famous school of wizardry. In their view, they…
Blog
New York Right to Repair Bill Is a Bad Idea
Do consumers have the right to repair their smartphones, tablets, and laptops? The short answer is yes. While copyright law may have some room…
Blog
New CEI Paper Lays Out the Worst in Tech Legislation
Bipartisanship in Congress is rare, but it shouldn’t always be celebrated. Bad ideas, despite consensus, still lead to bad results. And recent congressional efforts…
Blog
European Parliament Gives Final Approval to Digital Markets Act and Digital Services Act
The European Parliament yesterday approved the Digital Markets Act (DMA) and the Digital Services Act (DSA), two expansive new laws that will target…
Blog
Eleven Lousy Tech Bills from the 117th Congress: Fair Repair Act
People drop their phones a lot. According to the electronic repair company uBreakiFix, 95 million smartphones are dropped annually in the U.S. and…
Blog
Eleven Lousy Tech Legislation from the 117th Congress: Competition and Transparency in Digital Advertising Act
There is a late entry to the 117th Congress’ list of worst tech legislation, requiring a new title for the blog series. There were…
Blog
Ten Terrible Tech Bills from the 117th Congress: Banning Surveillance Advertising Act of 2022
DuckDuckGo is a success story. Launched in 2008, the online search engine has centered its product around privacy. In short, they “don’t collect…
Blog
Ten Terrible Tech Bills from the 117th Congress: ACCESS Act
AOL Instant Messenger (AIM), launched in 1997, was arguably the first social media platform, reaching over 36 million users by 2001. The Federal…
Blog
Ten Terrible Tech Bills from the 117th Congress: Ending Platform Monopolies Act
Imagine shopping for a bicycle. You decide on a Trek bike after evaluating the options, user reviews, and specifications. The bicycle is delivered but…
Blog
Ten Terrible Tech Bills from the 117th Congress: Filter Bubble Transparency Act
In Book VII of Plato’s Republic, Socrates introduces his allegory of the cave. Prisoners are chained in an underground cavern since birth. Their necks…
Blog
Ten Terrible Tech Bills from the 117th Congress: Platform Competition and Opportunity Act
Tech startups are thriving. The COVID-19 pandemic and the corresponding government response created unique problems for facilitating communication, goods, and services. Fortunately, tech innovation…