Tag: Sherman Act
The FTC Knows It When It Sees It
By: Ramsi Woodcock (Truth on The Market)
When Congress created the Federal Trade Commission (FTC) in 1914, it charged the agency with condemning “unfair methods of competition.”...
Hospital Mergers: The Future of COPA Immunity
By: Carl Hittinger, Marc Schildkraut & Tyson Herrold (Antitrust Advocate)
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for...
Criminal Enforcement of Section 2: What Would Be the Point?
By Gregory J. Werden1
Assistant Attorney General (“AAG”) in charge of the Antitrust Division, Jonathan Kanter, vowed that, “if the facts and the law,...
Per Se Rule: “I’m Still Standing (Yeah yeah yeah!)”
By: Robert Connolly (Cartel Capers)
It has become common for defendants indicted on criminal antitrust charges to argue that the use of the per se...
Disaggregating Market Definition: AmEx and a Plural View of Market Definition
By Daniel Francis (Harvard) & Jay Ezrielev (Federal Trade Commission)
The orthodox view of market definition in antitrust cases is that the same principles of...
Vertical Restraints (or Restrictions)
By Sandra Marco Colino (The Chinese University of Hong Kong)
This paper explores the concept of vertical restraints or restrictions. It includes references to the...
How Self-Preferencing Can Violate Section 2 of the Sherman Act
Self-preferencing occurs when a firm unfairly modifies its operations to privilege its own, another firm’s, or a set of firms’ products or services. Extensive...
My Proposal to Amend Section 1 of the Sherman Act
By: Robert Connolly (Cartel Capers)
In the coming months there will be many proposals advanced to amend the Sherman Act. My offering is to amend...
The Necessary Revival of Sherman Act Section 2
The application of the antitrust laws to single-firm behavior is challenging. On the one hand, neither courts nor government enforcers are well equipped, or...
Toward a Per Se Rule Against Price Gouging
Price gouging is the use of high prices to ration access to a good in unexpectedly short supply. Because sellers can always recoup their...
