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Showing archive for:  “FTC”

Agent McConnell and My Generation’s “Greatest Mind on Antitrust Law”

If we’ve learned anything from the pending IRS scandal, it’s that bureaucrats matter.  Senate Minority Leader Mitch McConnell apparently thinks so.  According to a recent National Review article, McConnell, unlike most minority leaders, has put a great deal of effort into recommending highly qualified individuals for spots on the more than 100 bipartisan agencies and commissions in the federal bureaucracy.  He views ... Agent McConnell and My Generation’s “Greatest Mind on Antitrust Law”

Behavioral Merger Remedies and the Hippocratic Principle

Last Thursday, the FTC settled a challenge to a company’s acquisitions of two key rivals. The two acquisitions, each of which failed to meet the threshold for required reporting under Hart Scott Rodino, occurred in 2005 and 2008. Because the acquired companies have been fully integrated into the acquirer and all distinct operations have been ... Behavioral Merger Remedies and the Hippocratic Principle

Commissioner Wright lays down the gauntlet on Section 5

As Thom noted (here and here), Josh’s speech at the ABA Spring Meeting was fantastic.  In laying out his agenda at the FTC, Josh highlighted two areas on which he intends to focus: Section 5 and public restraints on trade.  These are important, even essential, areas, and Josh’s leadership here will be most welcome. I’m ... Commissioner Wright lays down the gauntlet on Section 5

Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting

Friday I discussed FTC Commissioner (and TOTM alumnus) Josh Wright’s speech at the Spring Meeting of the ABA’s Antitrust Section.  Wright’s speech, What’s Your Agenda?, is now available online. As I mentioned, Commissioner Wright emphasized two matters on which he’d like to see FTC action.  First, he hopes the Commission will help fulfill the promise of Section 5 of the FTC Act by ... Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting

Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future

I’ve spent the last few days in DC at the ABA Antitrust Section’s Spring Meeting. The Spring Meeting is the extravaganza of the year for antitrust lawyers, bringing together leading antitrust practitioners, enforcers, and academics for in-depth discussions about developments in the law. It’s really a terrific event. I was honored this year to have ... Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future

Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader

The State of the Patent System: A Discussion with Chief Judge Rader A teleforum on Thursday, April 11, at 2pm. Hosted by George Mason Law School’s Center for the Protection of Intellectual Property Teleforum and the Federalist Society‘s Intellectual Property Practice Group. Today, people read daily complaints about the “broken” patent system, and thus it’s ... Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader

Forbes commentary on Susan Crawford’s “broadband monopoly” thesis

Over at Forbes Berin Szoka and I have a lengthy piece discussing “10 Reasons To Be More Optimistic About Broadband Than Susan Crawford Is.” Crawford has become the unofficial spokesman for a budding campaign to reshape broadband. She sees cable companies monopolizing broadband, charging too much, withholding content and keeping speeds low, all in order to ... Forbes commentary on Susan Crawford’s “broadband monopoly” thesis

Criticizing the FTC’s Proposed Order in the Google Patent Antitrust Case

I filed comments today on the FTC’s proposed Settlement Order in the Google standards-essential patents (SEPs) antitrust case. The Order imposes limits on the allowable process for enforcing FRAND licensing of SEPs, an area of great complexity and vigorous debate among industry, patent experts and global standards bodies. The most notable aspect of the order ... Criticizing the FTC’s Proposed Order in the Google Patent Antitrust Case

Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis

Although it probably flew under almost everyone’s radar, last week Josh issued his first Concurring Statement as an FTC Commissioner.  The statement came in response to a seemingly arcane Notice of Proposed Rulemaking relating to Hart-Scott-Rodino Premerger Notification Rules: The proposed rules also establish a procedure for the automatic withdrawal of an HSR filing when ... Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis

Powerhouse ABA webinar on the FTC’s investigation of Google this Friday

The suit against Google was to be this century’s first major antitrust case and a model for high technology industries in the future. Now that we have passed the investigative hangover, the mood has turned reflective, and antitrust experts are now looking to place this case into its proper context. If it were brought, would ... Powerhouse ABA webinar on the FTC’s investigation of Google this Friday

The price of closing the Google search antitrust case: questionable precedent on patents

The Federal Trade Commission yesterday closed its investigation of Google’s search business (see my comment here) without taking action. The FTC did, however, enter into a settlement with Google over the licensing of Motorola Mobility’s standards-essential patents (SEPs). The FTC intends that agreement to impose some limits on an area of great complexity and vigorous ... The price of closing the Google search antitrust case: questionable precedent on patents

FTC Deservedly Closes Google Antitrust Investigation Without Taking Action

I have been a critic of the Federal Trade Commission’s investigation into Google since it was a gleam in its competitors’ eyes—skeptical that there was any basis for a case, and concerned about the effect on consumers, innovation and investment if a case were brought. While it took the Commission more than a year and ... FTC Deservedly Closes Google Antitrust Investigation Without Taking Action