Tag: Policy
Behavioral Economics, Consumer Protection, and Antitrust
Michael Salinger, Apr 01, 2010
In both consumer protection and antitrust, the use of standard economic analysis has generally been to limit the scope of...
Strengthening Due Process and Public Advocacy: Why the EC Should Open...
Robert McLeod, Mar 16, 2010
With European Commission regulators coming under pressure from all sides to improve procedures and tackle allegations of not respecting due...
Oral Hearings: Making the Case Come Alive
David Lawsky, Peter-Carlo Lehrell, Mar 16, 2010
Just like trials, hearing presentations are a form of competitive theater. They are the opportunity to bring your...
What (Not) to Expect From the Oral Hearing
Ulrich Soltsz, Mar 16, 2010
By putting great emphasis on the oral hearing, the new Best Practices package seems to suggest that, in the Commission's...
Oral Hearings and the Best Practices Guidelines
James Modrall, Ruchit Patel, Mar 16, 2010
On January 6, 2010, the European Commission (the "Commission") published for consultation three "Best Practices" documents. Two of...
Is It a Hearing If Nobody is Listening?
Stephen Kinsella, Mar 16, 2010
There are many criticisms of the oral hearing process. Indeed, there is a general growing tide of criticism of the...
Oral Hearings – Neither a Trial nor a State of Play...
Michael Albers, Karen Williams, Mar 16, 2010
Oral hearings have always been one of the more prominent features of the European Commission's procedure in competition...
FTC v. Intel: Applying the “Consumer Choice” Framework to “Pure” Section...
Robert Lande, Feb 28, 2010
Much of the Federal Trade Commission’s (“FTC’s”) Complaint against Intel is identical or similar to charges in cases filed by...
Conduct-Specific Tests? How the FTC Can Reframe the Section 5 Debate
Amanda Reeves, Feb 28, 2010
Over the last few years, the Federal Trade Commission (“FTC”) has awakened Section 5’s “unfair methods of competition” prong from...
The FTC’s Misguided Rationale for the Use of Section 5 in...
Geoffrey Manne, Feb 28, 2010
There is a real danger that the Federal Trade Commission (“FTC”) actually believes its stated rationale for bringing its case...