Apr 15 2025 Topics Criminal Law & Procedure • Supreme Court Blog Post SCOTUS Clarifies Scope of RICO’s Civil Cause of Action in Medical Marijuana, Inc. v. Horn Kevin M. Zielinski In Medical Marijuana, Inc. v. Horn, the Supreme Court held that RICO’s civil cause of...
Apr 14 2025 Topics Corporations, Securities & Antitrust • Labor & Employment Law • Law & Economics Blog Post Union Monopolies and Section 2 of the Sherman Antitrust Act: Can Labor Unions Be Held Liable for Monopolizing Labor Markets? Alexander T. MacDonald In a recent article, economists from George Mason’s Mercatus Center surveyed a persistent but little-noted...
Jan 17 2025 Topics Administrative Law & Regulation • Corporations, Securities & Antitrust • Labor & Employment Law Blog Post Parting Shots: The FTC’s Outgoing Leadership Expands Antitrust Exemptions for Labor Activity to Independent Contractors Alexander T. MacDonald Earlier this week, the Federal Trade Commission issued new enforcement guidance on “protected labor activity”...
Sep 17 2024 Topics Federal Courts • Labor & Employment Law • Law & Economics Blog Post Competition Non Sequitur: The NLRB’s Foray Into Antitrust Law Alexander T. MacDonald The word ultracrepidarian comes from an old Roman story about a shoemaker. Though good at...
Jul 19 2024 Topics Corporations, Securities & Antitrust • Founding Era & History • Jurisprudence Blog Post The Concern for Human Flourishing at the Core of Antitrust Law Kevin Frazier Antitrust law did not start in 1890. Though judges, scholars, and government officials often describe...
Jul 9 2024 Topics Corporations, Securities & Antitrust • Federalism • Law & Economics Blog Post Not Enforcing the Robinson-Patman Act is Lawless and Likely Harms Consumers Mark Ross Meador News reports that the Federal Trade Commission is about to bring its first enforcement action...
Apr 29 2024 Topics Administrative Law & Regulation • Corporations, Securities & Antitrust • Federalism • Law & Economics Blog Post When Facts Bear Out Theory: How Do Firms Respond to Government Efforts to Block Acquisitions of Nascent Competitors in Digital Markets? Lawrence J. Spiwak Investors in tech start-ups are keenly attuned to their exit strategy when they obtain most...
Apr 17 2023 Topics Corporations, Securities & Antitrust • Labor & Employment Law Blog Post News The FTC’s Indefensible Position on Collective Bargaining Alexander T. MacDonald In remarks last week at the University of Utah School of Law, FTC Commissioner Alvaro...
Apr 11 2022 Publication Federalist Society Review Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers Alexander T. MacDonald Constitutions often give you the right to do things. They give you the right to...
Nov 29 2021 Publication Federalist Society Review A Change in Direction for the Federal Trade Commission? Lawrence J. Spiwak While antitrust and regulation are supposed to be two sides of the same coin,[1] there...
Topics
SCOTUS Clarifies Scope of RICO’s Civil Cause of Action in Medical Marijuana, Inc. v. Horn
In Medical Marijuana, Inc. v. Horn, the Supreme Court held that RICO’s civil cause of...
Topics
Union Monopolies and Section 2 of the Sherman Antitrust Act: Can Labor Unions Be Held Liable for Monopolizing Labor Markets?
In a recent article, economists from George Mason’s Mercatus Center surveyed a persistent but little-noted...
Topics
Parting Shots: The FTC’s Outgoing Leadership Expands Antitrust Exemptions for Labor Activity to Independent Contractors
Earlier this week, the Federal Trade Commission issued new enforcement guidance on “protected labor activity”...
Topics
Competition Non Sequitur: The NLRB’s Foray Into Antitrust Law
The word ultracrepidarian comes from an old Roman story about a shoemaker. Though good at...
Topics
The Concern for Human Flourishing at the Core of Antitrust Law
Antitrust law did not start in 1890. Though judges, scholars, and government officials often describe...
Topics
Not Enforcing the Robinson-Patman Act is Lawless and Likely Harms Consumers
News reports that the Federal Trade Commission is about to bring its first enforcement action...
Topics
When Facts Bear Out Theory: How Do Firms Respond to Government Efforts to Block Acquisitions of Nascent Competitors in Digital Markets?
Investors in tech start-ups are keenly attuned to their exit strategy when they obtain most...
Topics
The FTC’s Indefensible Position on Collective Bargaining
In remarks last week at the University of Utah School of Law, FTC Commissioner Alvaro...
Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers
Alexander T. MacDonald
Constitutions often give you the right to do things. They give you the right to...
A Change in Direction for the Federal Trade Commission?
Lawrence J. Spiwak
While antitrust and regulation are supposed to be two sides of the same coin,[1] there...