FTC Lacks Authority to Make UMC Non-Compete Rules
Plus comments on a national spectrum strategy, Section 230, Montana’s TikTok ban, and a lot more
FTC Competition Rulemakings: We filed three comments for the FTC’s proposed ban on non-compete clauses. Berin and Corbin explain why the FTC doesn’t have the authority it claims to issue substantive rules governing UMC, Jim describes the effects of the proposed rule on intellectual property, and Bilal recommends a more limited rulemaking that would be consistent with the Commission’s authority.
FTC at SCOTUS: Bilal issued a statement in response to the Supreme Court’s 9-0 vote against the Commission in FTC v. Axon. This marks the second occasion in two years SCOTUS has unanimously rejected the FTCʼs legal arguments. Bilal was also quoted in Global Competition Review (paywall).
FTC: For an even deeper dive into the FTC, check out Corbin’s inaugural Substack post summarizing his coverage of the FTC since Lina Khan took over as Chair.
Antitrust: Bilal’s full paper in this month’s CPI Antitrust Chronicle is now available. He proposes guidelines the FTC and DOJ could issue on how to apply existing antitrust regulations to platform competition—as an alternative to rewriting them or reviving less credible theories of competitive harm.
Spectrum: Jim filed comments to the NTIA on the development of a National Spectrum Strategy (NSS). His comments explain the importance of interagency collaboration, a larger focus on spectrum efficiency, and ways to incentivize federal users to either vacate or share spectrum. Jim was also quoted in Broadband Breakfast.
Good Governance: Jim’s new paper highlights the due process concerns over the FCC’s decision to delegate the administration of the Universal Service Fund (USF) to a private entity—the Universal Service Administrative Company (USAC), which has gone after recipients of federal funding for schools and libraries more than a decade after the funds were spent.
Section 230: Yesterday’s AEI Section 230 Spring Summit featured Shane, Berin, and Ari. Shane moderated Berin’s panel on ideas for Section 230 reform, while Ari moderated the panel exploring the current state of Section 230.
Space Law: On April 27, Jim will speak at an event to discuss the future of space and interplanetary law. This in-person event will take place at the University of Kentucky Lewis Honors College, and the video will be made available on their YouTube page shortly after.
First Amendment: Our latest episode of the Tech Policy Podcast with Mike Masnick was republished on Techdirt this week. Listen again to hear why states should not try to regulate social media.
As Montana continued with legislation to ban TikTok, Ari was quoted in NBC News, AFP Daily Mail, and International Business Times. Our joint letter with ACLU, and several free-speech and civil-liberties organizations, was also referenced by Tech Policy Press.
Broadband: Later today, Jim and Berin will submit reply comments in the FCC’s NPRM on combating digital discrimination. As in their earlier comments, the reply comments will explain why Congress did not authorize disparate impact regulation, and why no substantial evidence of disparate treatment (intentional discrimination) has been established.
The FTC risks going 0-3.