Showing results for: “FTC policy statement unfair methods of competition”
Comments on Jonathan Baker's Preserving a Political Bargain
I’ve recently finished reading Jonathan Baker’s Preserving a Political Bargain: The Political Economy of the Non-Interventionist Challenge to Monopolization Enforcement, forthcoming in the Antitrust Law Journal. Baker’s central thesis in Preserving a Political Bargain builds on earlier work concerning competition policy as an implicit political bargain that was reached during the 1940s between the more ... Comments on Jonathan Baker's Preserving a Political Bargain
Welcome to the TOTM Blog Symposium: Regulating the Regulators–Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority
Regulating the Regulators: Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority August 1, 2013 Truthonthemarket.com Welcome! We’re delighted to kick off our one-day blog symposium on the FTC’s unfair methods of competition (UMC) authority under Section 5 of the FTC Act. Last month, FTC Commissioner Josh Wright began a much-needed conversation on the ... Welcome to the TOTM Blog Symposium: Regulating the Regulators–Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority
Three Big Pitfalls in the Way of Lina Khan’s Agenda
In a recent op-ed for the Wall Street Journal, Svetlana Gans and Eugene Scalia look at three potential traps the Federal Trade Commission (FTC) could trigger if it pursues the aggressive rulemaking agenda many have long been expecting. From their opening: FTC Chairman Lina Khan has Rooseveltian ambitions for the agency. … Within weeks the FTC is ... Three Big Pitfalls in the Way of Lina Khan’s Agenda
Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences. A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
The FTC’s Cardinal Health Settlement is Bad Antitrust Medicine and Highlights the Need for Additional Antitrust Guidance
On April 17, the Federal Trade Commission (FTC) voted three-to-two to enter into a consent agreement In the Matter of Cardinal Health, Inc., requiring Cardinal Health to disgorge funds as part of the settlement in this monopolization case. As ably explained by dissenting Commissioners Josh Wright and Maureen Ohlhausen, the U.S. Federal Trade Commission (FTC) ... The FTC’s Cardinal Health Settlement is Bad Antitrust Medicine and Highlights the Need for Additional Antitrust Guidance
The FTC’s PAE Study Recommendations: Case Not Proven
On October 6, 2016, the U.S. Federal Trade Commission (FTC) issued Patent Assertion Entity Activity: An FTC Study (PAE Study), its much-anticipated report on patent assertion entity (PAE) activity. The PAE Study defined PAEs as follows: Patent assertion entities (PAEs) are businesses that acquire patents from third parties and seek to generate revenue by asserting ... The FTC’s PAE Study Recommendations: Case Not Proven
No Ovation for FTC's Latest Enforcement Theory
The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District of Minnesota. Here’s the explanation of the case from the press release: The Federal Trade Commission today filed a complaint in federal district court challenging Ovation Pharmaceuticals, Inc.’s January 2006 ... No Ovation for FTC's Latest Enforcement Theory
Section 2 Symposium: Alden Abbott on the View from Within the FTC
Much ink has been spilled concerning the policy split revealed by the Justice Department’s September 2008 Report on Single Firm Conduct (“SFC”) and the Federal Trade Commission’s swift and rather critical rejoinder (issued by three of the four FTC Commissioners). (By “SFC” I refer to actions taken by a “dominant” firm or by an actual ... Section 2 Symposium: Alden Abbott on the View from Within the FTC
Exclusionary Pricing Without the Exclusion: Unpacking Qualcomm’s No License, No Chips Policy
Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it purportedly refuses to sell chips to OEMs that have not concluded a license agreement covering its underlying intellectual property. According to the FTC and ... Exclusionary Pricing Without the Exclusion: Unpacking Qualcomm’s No License, No Chips Policy
Brexit, Competition, and Economic Welfare
A key issue raised by the United Kingdom’s (UK) withdrawal from the European Union (EU) – popularly referred to as Brexit – is its implications for competition and economic welfare. The competition issue is rather complex. Various potentially significant UK competition policy reforms flowing from Brexit that immediately suggest themselves are briefly summarized below. (These ... Brexit, Competition, and Economic Welfare
Highlights from Josh Wright’s Interview in The Antitrust Source
Anyone interested in antitrust enforcement policy (and what TOTM reader isn’t?) should read FTC Commissioner Josh Wright’s interview in the latest issue of The Antitrust Source. The extensive (22 page!) interview covers a number of topics and demonstrates the positive influence Commissioner Wright is having on antitrust enforcement and competition policy in general. Commissioner Wright’s ... Highlights from Josh Wright’s Interview in The Antitrust Source
The OECD Provides Further Guidance on Assessing the Anticompetitive Impact of Laws and Regulations
The most welfare-inimical restrictions on competition stem from governmental action, and the Organization for Economic Cooperation and Development’s newly promulgated “Competition Assessment Toolkit, Volume 3: Operational Manual” (“Toolkit 3,” approved by the OECD in late June 2015) provides useful additional guidance on how to evaluate and tackle such harmful market distortions. Toolkit 3 is a ... The OECD Provides Further Guidance on Assessing the Anticompetitive Impact of Laws and Regulations
