FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the FTC Act. The Statement of Enforcement Principles represents a significant victory for Commissioner Joshua Wright, who has been a tireless advocate for ... FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Commissioner Wright Rightly Calls the Question on Section 5 Guidance
Anybody who has spent much time with children knows how squishy a concept “unfairness” can be. One can hear the exchange, “He’s not being fair!” “No, she’s not!,” only so many times before coming to understand that unfairness is largely in the eye of the beholder. Perhaps it’s unfortunate, then, that Congress chose a century ... Commissioner Wright Rightly Calls the Question on Section 5 Guidance
Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
Late this summer, TOTM hosted a blog symposium on potential guidelines for the Federal Trade Commission’s exercise of its “unfair methods of competition” authority under Section 5 of the FTC Act. Commissioner Josh Wright inspired the symposium by proposing a set of enforcement guidelines for the Commission. Shortly thereafter, Commissioner Maureen Ohlhausen proposed her own guidelines, which were largely consistent with ... Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
Commissioner Wright Responds to Section 5 Symposium
Joshua Wright is a Commissioner at the Federal Trade Commission I’d like to thank Geoff and Thom for organizing this symposium and creating a forum for an open and frank exchange of ideas about the FTC’s unfair methods of competition authority under Section 5. In offering my own views in a concrete proposed Policy Statement and ... Commissioner Wright Responds to Section 5 Symposium
Tad Lipsky on Lessons From the Section 2 Context
Tad Lipsky is a partner in the law firm of Latham & Watkins LLP. The FTC’s struggle to provide guidance for its enforcement of Section 5’s Unfair Methods of Competition (UMC) clause (or not – some oppose the provision of forward guidance by the agency, much as one occasionally heard opposition to the concept of ... Tad Lipsky on Lessons From the Section 2 Context
Paul Denis on Implementing a Policy Statement on UMC
Paul Denis is a partner at Dechert LLP and Deputy Chair of the Firm’s Global Litigation Practice. His views do not necessarily reflect those of his firm or its clients. Deterrence ought to be an important objective of enforcement policy. Some might argue it should be THE objective. But it is difficult to know what ... Paul Denis on Implementing a Policy Statement on UMC
David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines
David Balto is a Public Interest Attorney at the Law Offices of David Balto I appreciate the opportunity to provide comments on the current Section 5 discussion and add a few modest thoughts about the very thoughtful speeches of Commissioners Wright and Ohlhausen. I must admit, that as a former FTC Policy dude my mouth salivates at ... David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines
Gus Hurwitz on A Policy Statement Is Not Enough
Gus Hurwitz is Assistant Professor of Law at University of Nebraska College of Law Administrative law really is a strange beast. My last post explained this a bit, in the context of Chevron. In this post, I want to make this point in another context, explaining how utterly useless a policy statement can be. Our discussion today has ... Gus Hurwitz on A Policy Statement Is Not Enough
Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Geoffrey Manne is Lecturer in Law at Lewis & Clark Law School and Executive Director of the International Center for Law & Economics Josh and Maureen are to be commended for their important contributions to the discussion over the proper scope of the FTC’s Section 5 enforcement authority. I have commented extensively on UMC and ... Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
David Balto on Economic Evidence and Section 5
David Balto is a Public Interest Attorney at the Law Offices of David Balto One must applaud the efforts of Commissioners Ohlhausen and Wright to begin the dialogue about the proper use of Section 5 as a tool of antitrust enforcement. It was 99 years ago that Congress was debating the creation of the Federal Trade ... David Balto on Economic Evidence and Section 5
Gus Hurwitz on the Application of Chevron to Section 5
Gus Hurwitz is Assistant Professor of Law at University of Nebraska College of Law Introduction This post is based upon an in-progress article that explores the applicability of Chevron deference to FTC interpretations of Section 5’s proscription of unfair methods of competition. ( I am happy to circulate a draft of this article to anyone who would like ... Gus Hurwitz on the Application of Chevron to Section 5
James Cooper on a Sensible Limit to the FTC’s Section 5 Authority
James Cooper is Director, Research and Policy at the Law & Economics Center at George Mason University School of Law 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 ... James Cooper on a Sensible Limit to the FTC’s Section 5 Authority
