Stephen Calkins

Professor @WayneLaw; former Member @CCPCIreland; former @FTC General Counsel; former Sutherland Fellow @UCDLawSchool; former associate provost @WayneState

[Stephen Calkins @scalkins2]

Given that @FTC has had only 2 comm'rs for more than 9 months, not surprising to see a 1-1 tie vote on a big deal matter.
Statements on the Grant of Early Termination of the FTC’s Investigation of IonQ’s Proposed Acquisition of SkyWater https://t.co/qEBe9j1fvg

[Stephen Calkins @scalkins2]

Anyone know why, in Comm'r Slaughter's statement, the time of @AFergusonFTC's motion and the amount of time she had to consider it are blacked out? Why secret?
FTC Grants Chairman Ferguson Authority to Comply with President Trump’s Orders to End DEI https://t.co/T9KofSVWh2

[Stephen Calkins @scalkins2]

Pretty nasty to some talented law students, but a clever strategy for discouraging public service and doing serious harm to the Justice Department.
DOJ revokes job offers to young lawyers in elite honors program https://t.co/cFCO3jZ6MD via @ABAJournal

[Stephen Calkins @scalkins2]

Any volunteers to staff a price discrimination case issued 3-2 with (now chairman) Ferguson calling it a "brazen assertion of political power" and Comm'r Holyoke labeling it "the worst case I have seen"?
FTC Sues PepsiCo for Rigging Soft Drink Competition https://t.co/vtChCQGOZG

[Stephen Calkins @scalkins2]

Ireland rejoices at the success of a good Irish woman.
Irish woman named to key role in Trump administration https://t.co/hR5EWFNhVT

[Stephen Calkins @scalkins2]

Honored to speak at the 10th anniversary celebration of @CCPCIreland

[Stephen Calkins @scalkins2]

Important @ftc wins at Supreme Court today: cert denied to Shkreli (lifetime ban OK) and Elite IT Partners (no 2d bite at settlement where law changed). No surprise but a relief for agency. Dkts. 23-1338 & 23-1206.

[Stephen Calkins @scalkins2]

MOU was among @ftc, @NLRB, @USDOL & @JusticeATR. Did @ftc get cold feet but not @JusticeATR? Why the difference? Independent agency? "Deep state" concerns?
Statement on Memorandum of Understanding Related to Antitrust Review of Labor Issues in Merger https://t.co/J607gJSyrk

[Dan Papscun @papscun]

Inbox: FTC is withdrawing from the multilateral MOU between labor and antitrust agencies. No explanation given in the press release.

https://t.co/F4kN6sYznF

[Stephen Calkins @scalkins2]

Interesting that @MHolyoakFTC and Comm'r Ferguson voted to issue @ftc staff report but concurred and dissented at length from the report itself. Unusual to dissent from a report you didn't write.
Tech Giants Falling Far Short On Data Privacy, FTC Says https://t.co/91uteu3gsa

[Stephen Calkins @scalkins2]

Total non-surprise--Judge Brown had already entered a PI against the rule. 5th Cir. likely to affirm. Can @ftc create a circuit split and then win before a conservative S Ct?
Texas Judge Blocks FTC's Impending Ban On Noncompetes https://t.co/RzHCtikGxo

[Stephen Calkins @scalkins2]

Count me among those supporting 18-year terms. We need to end the race to ever-younger nominees and the unseemly political timing of retirements (RBG excluded). https://t.co/yG3cpzENPd

[Stephen Calkins @scalkins2]

Formerly routine: @FTC testifying annually AS A COMMISSION asking for appropriations (oral comments as indivs). Then we started seeing an occasional separate statement. Here's I think a first: 5 indiv statements, NONE by the agency.
Commission Testifies https://t.co/mT26nPFr0L

[Stephen Calkins @scalkins2]

Important standing case should be an easy reversal on appeal. Good for @JusticeATR to weigh in.
DOJ Says NY Judge Muffed Standing In DirecTV Price-Fix Case https://t.co/XFAMWhp6dc

[Stephen Calkins @scalkins2]

So helpful to have a bi-partisan @ftc. All 5 commissioners favor learning about pricing based on individualized info, but Ds call it "surveillance pricing" while R's say that that is pejorative and prejudging (calling it "personalized pricing" instead).
https://t.co/GkgBlk6ZPn

[Stephen Calkins @scalkins2]

So outrageous that Walmart posted one price on the shelf, charged a higher price at checkout, and said consumers should be checking for this deceit and thus are not harmed. Really infuriating.
'Who Does That?' 7th Circ. Pans Walmart's Price Audit Theory https://t.co/l5Dvl5n7zB

[Stephen Calkins @scalkins2]

Didn't take long for a court to cite Loper Bright against @FTC. 5th Cir. likely to affirm. Can Biden FTC really expect conservative Justices to save competition rulemaking?
BREAKING: Texas Court Puts FTC's Noncompete Ban On Hold https://t.co/BsFL63TfXK

[Stephen Calkins @scalkins2]

"It also conflicts with decisions of the Second and Seventh Circuits, and it has significant practical implications." Important case. Pet filed June 28 by SG; response due Aug. 1

[Stephen Calkins @scalkins2]

Cert pet.Dkt 23-1365, US v Brewbaker: 4th Cir. held that "Per se rule against bidrigging does not apply when the competing bidders also have a vertical relationship," which "conflicts with this Court’s precedents, distorts established antitrust doctrine, and defies common sense."

[Stephen Calkins @scalkins2]

@fedjudges @JusticeATR Many thanks!

[Stephen Calkins @scalkins2]

@JusticeATR wrote that US v Brewbaker "flouts multiple decisions of the Supreme Court, this court, and other courts of appeals and raises a question of exceptional importance." But pet for rehearing/en banc was denied 2/15 & more than 90 days has passed so seems no cert petition