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Stephen Calkins Profile
Stephen Calkins

@scalkins2

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

Detroit, Michigan
Joined May 2010
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@scalkins2
Stephen Calkins
7 months
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
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ftc.gov
The Federal Trade Commission approved a motion to give Chairman Andrew N. Ferguson authority needed to comply with President Trump’s executive orders ending DEI across the federal government.
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@scalkins2
Stephen Calkins
7 months
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 via @ABAJournal.
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abajournal.com
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@scalkins2
Stephen Calkins
8 months
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
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ftc.gov
The Federal Trade Commission today sued PepsiCo, Inc.
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@scalkins2
Stephen Calkins
9 months
Ireland rejoices at the success of a good Irish woman. Irish woman named to key role in Trump administration
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irishtimes.com
Gail Slater nominated as assistant attorney general for antitrust division at US department of justice
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@scalkins2
Stephen Calkins
10 months
Honored to speak at the 10th anniversary celebration of @CCPCIreland
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@scalkins2
Stephen Calkins
11 months
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.
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@scalkins2
Stephen Calkins
11 months
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
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ftc.gov
The Federal Trade Commission has notified the other parties that it will withdraw from a Memorandum of Understanding with federal labor agencies related to merger investigations.
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@scalkins2
Stephen Calkins
11 months
RT @papscun: Inbox: FTC is withdrawing from the multilateral MOU between labor and antitrust agencies. No explanation given in the press re….
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@scalkins2
Stephen Calkins
1 year
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
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law360.com
Facebook, Amazon and other major social media and video streaming platforms are deploying "woefully inadequate" data privacy practices to protect users of all ages, highlighting the urgent need for...
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@scalkins2
Stephen Calkins
1 year
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
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law360.com
A Texas federal judge on Tuesday permanently blocked the Federal Trade Commission's looming ban on noncompete agreements in employment contracts, setting aside the regulation with a conclusion that...
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@scalkins2
Stephen Calkins
1 year
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).
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@scalkins2
Stephen Calkins
1 year
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
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ftc.gov
The Federal Trade Commission today testified before the House Energy and Commerce Subcommittee on Innovation, Data and Commerce on the agency’s fiscal year 2025 budget and work to promote competiti
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@scalkins2
Stephen Calkins
1 year
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
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law360.com
Paying inflated prices isn't the only way someone can be injured by price-fixing, and a New York federal court was wrong to rule that it was in a case brought by DirecTV over retransmission fees, the...
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@scalkins2
Stephen Calkins
1 year
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).
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@scalkins2
Stephen Calkins
1 year
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
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law360.com
The Seventh Circuit on Wednesday revived a class action accusing Walmart of systematically posting lower prices on shelves than it actually charges, rejecting the retailer's argument that the onus is...
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@scalkins2
Stephen Calkins
1 year
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
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law360.com
A Texas federal judge on Wednesday blocked the Federal Trade Commission from enforcing its rule banning noncompete agreements against tax preparation company Ryan LLC and the U.S. Chamber of Commer...
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@scalkins2
Stephen Calkins
1 year
"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.
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@scalkins2
Stephen Calkins
1 year
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.".
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@scalkins2
Stephen Calkins
1 year
To make the obvious point, the 6-3 Loper Bright opinion overruling Chevron without many nice words about deferring to agency rulemaking can't be good for the Biden @ftc in general or its noncompete rulemaking in particular.
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@scalkins2
Stephen Calkins
1 year
SEC v Karkesy aff'd the 5th Cir. 6-3 on 7th amendment grounds. @FTC goes to court for penalties so no big deal for it, right? But 5th Cir's other grounds -- non-delegation and use of ALJs -- remain good 5th Cir law, so any FTC respondent will appeal to 5th Cir and win, yes? Ouch!.
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