#FTC: Canceling its own Administrative Judge & What is to be done? Richard Epstein, Hoover Institution
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 18 April 2023
⏱️ 5 minutes
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#FTC: Canceling its own Administrative Judge & What is to be done? Richard Epstein, Hoover Institution
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| 0:00.0 | This is CBSI in the world. I'm John Batcher, the Federal Trade Commission. A favorite |
| 0:09.6 | of Professor Richard Epstein is here to comment on a recent news story about the FTC's |
| 0:15.0 | intervention in an acquisition. This headlines, FTC orders Illumina to divest 7.1 billion |
| 0:24.2 | acquisition of Cancer Test developer Grail. The Federal Trade Commission ordered Illumina |
| 0:30.2 | to divest controversial acquisition. Commission said the deal with stifle competition and innovation, |
| 0:38.0 | the decision reverses an administrative judge's September ruling. Richard, you've taught |
| 0:42.7 | me enough to know the FTC just reversed its own administrative judge. Yes, they said |
| 0:47.9 | they canceled themselves. |
| 0:49.9 | Well, I mean, first of all, it's a truly amazing sign that an administrative judge would |
| 0:55.4 | actually go against the commission, which filed the complaint to begin with. I read that |
| 1:00.2 | reporter, the pretty good report, all in all, and had a fairly close examination of the |
| 1:05.2 | record. And so, it essentially basically said, you can't do this. The commission that |
| 1:10.6 | brought the complaint then constituted itself as the adjudicated body that decided the |
| 1:14.8 | complaint. And they didn't really examine very closely any of the arguments that were |
| 1:19.3 | made by the administrative commission, but they decided to think the other way. So it's |
| 1:24.0 | the order of the investment. The first issue that you start to think about is, wait a second, |
| 1:28.8 | there's something deeply wrong about an administrator state that creates independent agencies that |
| 1:34.2 | are both prosecutors on the one hand and judges on the other hand. It's an obvious conflict |
| 1:39.9 | of interest. I've always thought that these half the organization trial court and all the |
| 1:45.4 | major agencies are absolutely unconstitutional. You need that kind of trial before an independent |
| 1:51.9 | body free of bias. I don't care whether it's a court that has specialized jurisdiction |
| 1:57.7 | in limited terms or whether it's an article three court, which are now actually strangely |
... |
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