Antitrust Bulletin articles from September 2004

Antitrust Bulletin archives from September 2004

How the "other half" lives: FTC nonmerger antitrust enforcement.
September 22, 2004... There is a great deal written about the Federal Trade Commission's (FTC) merger policy in legal, economic, and policy journals. (1) FTC investigations of major mergers frequently make the front page of the Wall Street Journal, and the business...

Nonmerger enforcement at the FTC: an aggressive proconsumer agenda.
September 22, 2004... I. Introduction In a recent paper, FTC general counsel William Kovacic issued a rigorous critique of the "'pendulum narrative" of U.S. antitrust enforcement experience, which posits that antitrust enforcement swings through distinct phases...

Federal Trade Commission horizontal restraint cases: an update.
September 22, 2004... Anticompetitive agreements among competitors (horizontal restraints) have long been a staple of the Federal Trade Commission's (FTC or Commission) antitrust mission. With the FTC's focus for mole than two decades on agreements among...

Markets? We don't need no stinking markets! The FTC and market definition.
September 22, 2004... In recent years a distinct trend has emerged in the Federal Trade Commission's (FTC or the Commission) approach to nonmerger antitrust enforcement. The FTC has begun to eschew the "traditional" structural method of proving harm to competition...

Singing in the shadows of law: the Three Tenors case.
September 22, 2004... This is the last song I'll ever sing for you. I. Introduction In 1990, throe opera superstars--Jose Carreras, Placido Domingo and Luciano Pavarotti--performed a concert at the Baths of Caracalla while Rome hosted the World Cup soccer...

Antitrust policy toward agreements that settle patent litigation.
September 22, 2004... I. Introduction In this article, we apply standard economic tools to analyze some of the central issues involved in formulating antitrust enforcement policy toward agreements that settle patent litigation. These issues have come to a head...

The antitrust risks of unilateral conduct in standard setting, in the light of the FTC's case against Rambus Inc.
September 22, 2004... I. Introduction Standard setting is an unheralded but vitally important engine in today's high-tech economy. (1) The most common vehicle for standard setting is private standard-setting organizations (SSOs), which the Supreme Court has...

Section 5 of the FTC act: not all gaps need filling.
September 22, 2004... It has long been clear as an abstract matter that section 5 of the Federal Trade Commission Act allows the Federal Trade Commission (FTC) "to define and proscribe an unfair competitive practice, even though the practice does not infringe either...

The College Football Association television broadcast cartel.
September 22, 2004... I. Introduction The National Collegiate Athletic Association (NCAA) was organized in 1905 to control game violence in college football. After World War II, the NCAA's activities expanded into economic regulation, including the control of...