John Fingleton

Jul 3, 2024 | truthonthemarket.com | Ben Sperry |Eric Fruits |Daniel Gilman |John Fingleton

The recently completed U.S. Supreme Court session appears to have upended the administrative state in some pretty fundamental ways. While Loper Bright’s overruling of Chevron attracted the most headlines and hand-wringing, Jarkesy will have far-reaching effects across both the executive and judicial branches. Even seemingly “small” matters such as Ohio v. EPA and Corner Post will color agency rulemaking and enforcement. And Fischer v.

Jul 2, 2024 | truthonthemarket.com | Ben Sperry |John Fingleton |Aaron Wudrick

With the release of the U.S. Supreme Court’s NetChoice opinion (along with some other boring case people seem to want to talk about), opinions for the October 2023 term appear to be complete. After discussing what Murthy v. Missouri means for online speech, it only feels right to discuss the other big social-media case of the term.

Jul 2, 2024 | truthonthemarket.com | Daniel Gilman |Eric Fruits |John Fingleton |Ben Sperry

In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the U.S. economy. It was not my first such post (my ninth, if I’ve counted correctly, and if readers will forgo armchair diagnoses of monomania).

Jun 28, 2024 | truthonthemarket.com | Eric Fruits |John Fingleton |Ben Sperry |Aaron Wudrick

The Federal Communications Commission’s (FCC) recently enacted rules to prevent so-called “digital discrimination” in broadband access are facing a significant legal challenge in the 8th U.S. Circuit Court of Appeals. Earlier this week, the U.S. Justice Department and the FCC submitted their brief on the matter. Now that the parties have made their “opening arguments” in the case, let’s look at the key issues in dispute.

Jun 28, 2024 | truthonthemarket.com | John Fingleton |Ben Sperry |Dan Caprio |Darren Tucker

There are probably four areas to consider. The first is that the UK’s jurisdiction on mergers increased with Brexit. The UK is not subject to the same turnover threshold as under European law, and this enables it to call in a wider range of deals. It has also been able to look at different theories of harm in digital markets. It has done that in probably more than 10 cases where it examined issues like potential competition, vertical exclusion, etc.