FTC Lacks Authority to Write Competition Rules
Plus a brand new Tech Policy Podcast episode—with a twist!
FTC Competition Rulemakings: Berin and Bilal gave remarks at the FTC’s public forum on the proposed rule to prohibit non-compete clauses. Berin (at 1:46:07) discussed why Section 6(g) of the FTC Act doesn’t authorize the Commission to write rules defining unfair methods of competition—on non-compete agreements or anything else (reposted on Twitter). Bilal (at 1:39:28) noted the lack of evidence of any anticompetitive effect sufficient to support the proposed ban.
In a new Truth on the Market essay, Corbin explains why, even if the FTC can overcome many other formidable legal obstacles, the agency won’t be able to use Chevron deference to save its proposed rule banning non-compete agreements.
Section 230: On a special “rank punditry” episode of the Tech Policy Podcast, Corbin previews the February 21 oral argument in Gonzalez v. Google. Tune in to hear about the history of Section 230, the details of the case, and why we should worry that some of the justices have an itch to do mischief.
Berin participated in two media briefings and a briefing for Hill staff on the case, explaining our brief in the case and how 230 relates to the First Amendment. Shortly after the oral arguments next week, Corbin will join a press conference, hosted by Chamber of Progress.
First Amendment: Leading First Amendment academics joined Ari and Berin’s coalition letter to Utah Governor Spencer Cox, which expressed concerns over two bills—S.B. 152 and H.B. 311. Unfortunately, the Utah legislature has prioritized doing something fast over doing something constitutional.
Tech Policy: Corbin was a guest on The Catholic Current podcast. The conversation touched on fears of a social credit system, Elon Musk’s purchase of Twitter, the dangers of stripping Section 230 protection from encrypted apps via the EARN IT Act, establishing a better online community, and more.
SCOTUS: Today, Corbin previewed the remaining SCOTUS term at a webinar sponsored by Washington Legal Foundation. Although much of his focus was on Gonzalez v. Google, he makes clear that, in that case and others, free speech hangs in the balance this term.
Antitrust: On February 24, Bilal will speak at the George Mason Law Review 26th Annual Antitrust Symposium.
Why shouldn’t you enter into a contract with Wolverine?
Because of his retractable clause.