Global Competition Policy Symposium on Section 5

Josh Wright —  11 November 2008

The newest issue in Global Competition Policy includes a symposium (disclosure: for which I was the senior editor) on Section 5 enforcement under the FTC Act. Contributors included Commissioner Rosch’s attorney advisor Kyle Andeer, Doug Melamed (WilmerHale) and Joe Sims. My views on the expansion of Section 5 in the standard setting context, at least as represented by the N-Data enforcement action, are quite critical — and available in Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup (with Bruce Kobayashi, and forthcoming in the Journal of Competition Law and Economics).

The issue also includes a symposium on the recently issued EC Pharmaceutical Report. I’ve cut and paste titles, authors and links below, which I think will take you through the GCP site.

The Past, Present, & Future of Stand-Alone Section 5 Competition Enforcement at the FTC: Is N-Data a New Direction or a Mere Diversion?
by Kyle Andeer (Federal Trade Commission)
The Wisdom of Using the “Unfair Method of Competition” Prong of Section 5
by Doug Melamed (Wilmer Hale)
A Report on Section 5
by Joe Sims (Jones Day)

The EC Pharmaceutical Report

Senior editor for this symposium was James Killick.

The 2008 EC Sector Inquiry Regarding Pharmaceuticals: What Does It Mean from a Research-Based Company Perspective?
by Kent Bernard

The Pharmaceutical Inquiry: Anything to Report?
by Sean-Paul Brankin (Crowell & Moring)
The EC Pharmaceutical Inquiry: Behind the Headlines, What is the Real Story on Innovation and Generic Competition in Pharmaceuticals?
by Thomas Cueni (European Federation of the Pharmaceutical Industries & Associations)
A Tale of Two Sector Inquiries: Comparing and Contrasting Experiences in the U.K. and EU
by Mark Powell (White & Case) & Suzanne Innes-Stubb (White & Case)
The EC’s Investigation into the Pharmaceutical Sector: Trouble Ahead at the IP/Competition Intersection?
by David Hull (Covington & Burling)