Showing archive for: “FTC Act”
My New Paper on Defining Exclusionary Conduct
In our recent blog symposium on Section 5 of the FTC Act, Latham & Watkins partner Tad Lipsky exposed one of antitrust’s dark little secrets: Nobody really knows what Sherman Act Section 2 forbids. The provision bans monopolization, attempted monopolization, and conspiracies to monopolize, and courts have articulated formal elements for each claim. But the ... My New Paper on Defining Exclusionary Conduct
David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines
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 the thought of any new Guidelines. After all what could be more ... David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines
Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
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 Section 5, Josh’s statement, and particularly the problems if UMC enforcement against the use of injunctions to enforce FRAND-encumbered SEPs before (see, for ... Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Gus Hurwitz on the Application of Chevron to Section 5
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 to offer substantive feedback.) The article is prompted by the near-universal belief in ... Gus Hurwitz on the Application of Chevron to Section 5
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
Marina Lao on the FTC’s Section 5 Unfair Methods of Competition Authority
FTC Commissioner Josh Wright’s recent issuance of a proposed policy statement on Section 5 of the FTC Act has reignited the debate on the appropriate scope of the agency’s authority to prosecute “unfair methods of competition” as standalone Section 5 violations. While the Supreme Court has held, consistent with clear congressional intent, that the FTC’s ... Marina Lao on the FTC’s Section 5 Unfair Methods of Competition Authority
Thom Lambert on Guidelines for the FTC’s UMC Authority: What’s Clear and What’s Not?
In the last few weeks, two members of the FTC—Commissioners Josh Wright and Maureen Ohlhausen—have staked largely consistent positions on guidelines for implementation of the Commission’s “unfair methods of competition” (UMC) authority. Their statements make two points that are, in my opinion, no-brainers. Where the statements conflict, they raise an issue worthy of significant contemplation. ... Thom Lambert on Guidelines for the FTC’s UMC Authority: What’s Clear and What’s Not?
Joe Sims on First Principles of Section 5 Authority
I find that discussions on antitrust policy, if they are not to devolve into simple recitations of preferred industrial policy, are most focused when grounded in first principles and, frequently, a little history. So a few words on both with respect to Section 5, starting with the history. The FTC Act, in addition to being ... Joe Sims on First Principles of Section 5 Authority
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
The Final Order in the FTC’s Google standard-essential patents case and the continuing danger to standard-setting
On July 24, the Federal Trade Commission issued a modified complaint and consent order in the Google/Motorola case. The FTC responded to the 25 comments on the proposed Order by making several amendments, but the Final Order retains the original order’s essential restrictions on injunctions, as the FTC explains in a letter accompanying the changes. ... The Final Order in the FTC’s Google standard-essential patents case and the continuing danger to standard-setting
TOTM Blog Symposium Thursday, Aug. 1: Regulating the Regulators–Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority
Section 5 of the FTC Act permits the agency to take enforcement actions against companies that use “unfair or deceptive acts or practices” or that employ “unfair methods of competition.” The Act doesn’t specify what these terms mean, instead leaving that determination to the FTC itself. In the 1980s, under intense pressure from Congress, the Commission ... TOTM Blog Symposium Thursday, Aug. 1: Regulating the Regulators–Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority
