In this issue:
Welcome to the home page of The CPI Antitrust Chronicle (formerly GCP Magazine). In this issue, we’re taking the first of what will probably be many looks at the antitrust issues that Intel is facing. Our focus in this issue is the advisability of the FTC’s use of expanded powers under Section 5 of the FTC Act to bring action against Intel.
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Intel v. FTC: Expanding Section 5 Power
The Intel Cases – Legal Convergence or Leaps of Faith?
Our focus will be on what appears at first blush to be an odd convergence of legal theory across the Atlantic Ocean…if both sides approach, but do not reach their goals, will they make things far worse rather than better?
Reflections on Section 5 of the FTC Act & the FTC’s Case Against Intel
It may be that the time has come for the Commission to launch a renewed effort for Section 5 independence. Such a move, however, requires not only the right time, but also the right case. Intel is not that case..
The FTC’s Anticompetitive Pricing Case Against Intel
Why bother emphasizing the FTC’s power to reach beyond §2 if most of the Commission challenges are covered by §2 anyway?
Intel and the Death of U.S. Antitrust Law
The agency will then be able to claim that it has enhanced the regulatory power of antitrust law, and effectively moved the law to a position closer to that in the European Union.
FTC v. Intel: Applying the “Consumer Choice” Framework to “Pure” Section 5 Allegations
The Commission was wise to keep its options open by pleading both pure Section 5 violations and also violations of Section 2 of the Sherman Act….If the Commission does find a pure Section 5 violation, however, it should only do so if it does this while utilizing the consumer choice framework.
The FTC’s Misguided Rationale for the Use of Section 5 in Sherman Act Cases
Unmooring the FTC’s antitrust enforcement decisions from the constraints of the courts’ Sherman Act jurisprudence”particularly given the FTC’s institutional structure as prosecutor, judge, and jury in its own administrative cases”would be a costly mistake.
Conduct-Specific Tests? How the FTC Can Reframe the Section 5 Debate
If and when the Commission provides the federal courts with an opportunity to revisit Section 5, the Commission is most likely to succeed if it persuades the courts that it has applied Section 5 in a predictable fashion.
