Competitor welfare standard: The Tipline for 28 September 2020

Federal Trade Commission chair Joseph Simons and the agency’s Democratic members voted in favour of asking the US Court of Appeals for the Ninth Circuit to take a second look at its Qualcomm ruling. Has Simons been cheering for the case from the beginning or is he merely concerned with controversial aspects of the ruling – such as the finding that harms to customers are not “anticompetitive in the antitrust sense”? That is not clear. Either way, the FTC claimed the panel got it “exactly backwards”.

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