Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
Earlier this month, a six-justice majority of the U.S. Supreme Court stayed the vaccinate-or-test mandate that the Occupational Safety and Health Administration (OSHA) imposed on employers that have more than 100 employees.
New FTC Chair Lina Khan has not sought my advice, but here it is. In his July 9 Executive Order, President Biden described an antitrust agenda that he wants the FTC and the other agencies with antitrust responsibilities to implement. His agenda consists of 72 major changes in competition law. Any agency that attempts to implement an agenda that includes that many major changes in law at the same time is doomed to failure. No agency has the resources required to implement an agenda that ambitious. Chair Khan and her colleagues need to choose no more than half a dozen parts of the president’s agenda to pursue immediately.