Tag: Sherman Act
When Does Sharing Make Sense?: Antitrust & Risk Evaluation and Mitigation...
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Jan Rybnicek, Apr 29, 2014
There exists a new front in the battle to...
Injunctive Relief and the Noerr-Pennington Doctrine: The Search for Clarity on...
Thomas Dillickrath, David Emanuelson, Dec 30, 2013
The right to seek injunctive relief is one of the bulwarks of U.S. law. The right to petition...
Recalibrating Section 5: A Response to the CPI Symposium
Joshua Wright, Dec 30, 2013
I want to thank the participants in Competition Policy International's Symposium on the Federal Trade Commission's unfair methods of competition...
Antitrust and Financial Benchmark Litigation: The LIBOR, Foreign Exchange, and Platts...
Richard Taffet, Michael Whitlock, Dec 17, 2013
In the aftermath of the 2008 financial crisis, government investigations into how global financial benchmarks are set and...
Recalibrating Section 5: A Response to the CPI Symposium
Joshua Wright, Nov 27, 2013
I want to thank the participants in Competition Policy International's Symposium on the Federal Trade Commission's unfair methods of competition...
A Look Back at the Attempts to Repeal Leegin
Leiv Blad, Margaret Sheer, Nov 13, 2013
In 2007, the United States Supreme Court jettisoned 96 years of precedent and held that minimum resale price maintenance...
Section 5 of the FTC Act and the Need for Guidelines
Daniel Crane, Sep 16, 2013
FTC Commissioners Wright and Olhausen recently have argued that the FTC should issue a policy statement or guidelines regarding enforcement...
A Solution in Search of a Problem
A. Douglas Melamed, Sep 16, 2013
The fundamental problem with the "unfair methods of competition" prong of Section 5 is that it is hopelessly vague....
Section 5 Guidelines: Fixing a Problem that Doesn’t Exist?
Sharis Pozen, Anne Six, Sep 16, 2013
When Congress enacted the Federal Trade Commission Act in 1914, almost 25 years after enacting the Sherman Act,...
Guiding Section 5: Comments on the Commissioners
Steven Salop, Sep 16, 2013
FTC Commissioners Joshua Wright and Maureen Ohlhausen have proposed that the Commission adopt Guidelines for the application of Section 5...