James Cooper on a Sensible Limit to the FTC’s Section 5 Authority
In this posting, I sketch out a sensible limitation to the FTC’s Section 5 authority. This domain should be narrow, focusing only on harmful conduct that but for the application of Section 5 would remain un-remedied. As a threshold matter, the FTC explicitly should renounce its reliance on early Section 5 case law like S&H ... James Cooper on a Sensible Limit to the FTC’s Section 5 Authority
James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act
The FTC has long been on a quest to find the elusive species of conduct that Section 5 alone can tackle. A series of early Supreme Court cases interpreting the FTC Act – the most recent and widely cited of which is more than forty years old (FTC v. Sperry & Hutchinson Co., 405 U.S. ... James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act
James Cooper on Antitrust Treatment of Expansive Interpretations of Ethical Rules
Attorneys earn excess rents by maintaining barriers to entering the legal profession. Legislation and regulation expanding the scope of work that only an attorney legally can perform is an obvious way in which attorneys attempt to expand or protect the market for their services. The FTC has a long history of trying to convince state ... James Cooper on Antitrust Treatment of Expansive Interpretations of Ethical Rules
