Showing archive for: “Sherman Antitrust Act”
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
Tim Wu on Section 5 Guidelines Would Make the FTC Stronger and Better
I personally believe that a policy statement on Section 5 would be a very good thing for the Federal Trade Commission, especially over the long run. I think it would strengthen the agency, renew its distinct sense of purpose, and clarify the jobs of the attorneys who enforce the competition laws on a day-to-day basis. ... Tim Wu on Section 5 Guidelines Would Make the FTC Stronger and Better
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?
Dan Crane on Section 5 and Principles of Self-Restraint
I’m delighted that Josh and Maureen have launched a concerted effort to have the FTC articulate clear principles for Section 5 enforcement. My own views on the proper scope of Section 5 are articulated in my book The Institutional Structure of Antitrust Enforcement. I won’t attempt a comprehensive regurgitation here, but just offer three quick ... Dan Crane on Section 5 and Principles of Self-Restraint
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
The Supreme Court upholds freedom of contract in American Express v Italian Colors Restaurant
[The following is a guest post by Thomas McCarthy on the Supreme Court’s recent Amex v. Italian Colors Restaurant decision. Tom is a partner at Wiley Rein, LLP and a George Mason Law grad. He is/was also counsel for, among others, Petitioner Abigail Fisher in Fisher v. University of Texas Petitioner Shelby County, Alabama in Shelby County v. Holder Respondent ... The Supreme Court upholds freedom of contract in American Express v Italian Colors Restaurant
Bringing the Error Cost Framework to the Agency: Commissioner Wright’s Proposed Policy Statement on Section 5 Unfair Methods of Competition Enforcement
FTC Commissioner Wright issued today his Policy Statement on enforcement of Section 5 of the FTC Act against Unfair Methods of Competition (UMC)—the one he promised in April. Wright introduced the Statement in an important policy speech this morning before the Executive Committee Meeting of the New York State Bar Association’s Antitrust Section. Both the Statement ... Bringing the Error Cost Framework to the Agency: Commissioner Wright’s Proposed Policy Statement on Section 5 Unfair Methods of Competition Enforcement
