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It's Time To Remove The 'Mossified' Procedures For Ftc Rulemaking, Jeffrey Lubbers
It's Time To Remove The 'Mossified' Procedures For Ftc Rulemaking, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
This article, prepared for The George Washington Law Review’s Symposium “The FTC at 100,” addresses the FTC’s rulemaking process — specifically the quasi-adjudicative process mandated by the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act of 1975 and the additional procedures added by the Federal Trade Commission Improvements Act of 1980 (collectively called the “Magnuson-Moss Procedures”). The article compares how long it took the FTC to complete or terminate the rulemakings it undertook under the Magnuson-Moss Procedures (including amendments to previously issued rules) with the amount of time it took the FTC to issue rules under the “regular” Administrative Procedure …
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper
Articles in Law Reviews & Other Academic Journals
The focus of this article is on the difficulty of securing in personam jurisdiction over foreign entities who steal information technology and intellectual property (IT and IP). The value of stolen IT and IP is somewhere in the range of a trillion dollars over the last decade. Given the current inability to prevent those losses or deter meaningfully those engaged in the misconduct, the article explores the core of the problem: the difficulty of satisfying the minimum contact/fairness requirements of Article III courts. The article addresses several alternative approaches that might allow for more efficient protection of IT and IP. …
Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken
Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken
Articles in Law Reviews & Other Academic Journals
Econometrics played a major role in the investigation and litigation of the Federal Trade Commission's successful challenge to the proposed merger between two office superstore chains, Staples and Office Depot. Our goal in writing this essay is to describe the econometric issues at stake in evaluating the FTC's central claim that the price charged by office supply superstores was related to the number and identity of superstore firms participating in the market. Similar statistical models were relied upon by the FTC and the merging firms to analyze pricing. Our discussion of these models highlights the advantages and disadvantages of alternative …
Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker
Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Should Concentration Be Dropped From The Merger Guidelines?, Jonathan Baker, Steven Salop
Should Concentration Be Dropped From The Merger Guidelines?, Jonathan Baker, Steven Salop
Articles in Law Reviews & Other Academic Journals
As members of the ABA Antitrust Section's Task Force on Fundamental Theory, we are pleased to provide a briefdiscussion of the appropriate role of market concentration in the review of mergers under the antitrust laws. Thispaper, organized in four main parts, will offer some suggestions for revising the Department of Justice and FederalTrade Commission Horizontal Merger Guidelines. A final section of this work will analyze whether it would bepreferable to conduct merger analysis by applying Professor Michael E. Porter's business strategy framework ratherthan the Merger Guidelines.
Econometric Analysis In Ftc V. Staples, Jonathan Baker
Econometric Analysis In Ftc V. Staples, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
In mid-1997, a federal district court in Washington, DC, granted the Federal Trade Commission's (FTC's) request for a preliminary injunction blocking the proposed merger of Staples and Office Depot (Federal Trade Commission v. Staples, Inc. [hereafter, Staples] 1997a). The transaction would have combined two of the nation's three leading office superstore chains. The firms chose not to pursue the case further after the preliminary injunction was issued, thus giving up on their efforts to merge.
Continuous Regulatory Reform At The Federal Trade Commission, Jonathan Baker
Continuous Regulatory Reform At The Federal Trade Commission, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Freedom Of Information Act And Vaughn V. Rosen, Robert Vaughn
The Freedom Of Information Act And Vaughn V. Rosen, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Beginning in the summer of 1969, large numbers of law students were mobilized by Ralph Nader for intensive studies of federal agencies. These projects culminated in a number of critical reports focusing on the Federal Trade Commission, the Interstate Commerce Commission, the National Air Pollution Control Administration, and the Food and Drug Administration.' The project participants encountered the bureaucratic roadblocks which citizens commonly face in attempting to invoke the Freedom of Information Act.