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Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller
Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller
Spencer Weber Waller
Trade associations can play a procompetitive role in an economy but, as an association of actual and potential competitors, can also raise important competition law issues that must be addressed carefully by legal counsel. This Issue Paper presents a hypothetical problem that illustrates many of the issues that counsel can confront in representing a trade association, its members, or company executives. The Issue Paper raises many of the issues from a United States' perspective with occasional comparative examples from other jurisdictions. Carefully consider how your jurisdiction would, and should, address these all too real issues. In thinking about the …
Taking Antitrust Away From The Courts, Ganesh Sitaraman
Taking Antitrust Away From The Courts, Ganesh Sitaraman
Ganesh Sitaraman
A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust agencies have been surprisingly timid in response to this challenge, and when they have tried to assert themselves, they have often found that hostile courts block their ability to foster competitive markets. In other areas of law, Congress delegates power to agencies, agencies make regulations setting standards, and courts provide deferential review after the fact. Antitrust doesn’t work this way. Courts – made up of …
Purchase Of Consumer Paper And Subjection To Collateral Forces, Benjamin Geva
Purchase Of Consumer Paper And Subjection To Collateral Forces, Benjamin Geva
Benjamin Geva
The purchase of commercial paper issued in return for consumer goods [hereinafter referred to as consumer paper] is a common and wide-spread sales financing practice. Various judicial techniques and legislative schemes have been employed to disqualify purchasers of consumer paper from becoming holders in due course [hereinafter referred to as HDC], thus rendering these purchasers subject to defenses to the instrument based upon consumer dissatisfaction with the goods. Underlying the denial of HDC sttus to purchasers of consumer paper are the following premises: (1) the sale of consumer goods is not a commercial transaction and should not be governed by …
Josh Wright’S “Chicago School Papers”: An Overview, William H. Page
Josh Wright’S “Chicago School Papers”: An Overview, William H. Page
William H. Page
In what follows, I consider three of FTC Commissioner Josh Wright's “Chicago School Papers.” In these papers, Commissioner Wright considers the past, present, and future role of the Chicago School of antitrust analysis in the shaping of law and policy, offering along the way some interesting insights into what his priorities at the FTC are likely to be. The papers discussed have common themes: the mischaracterization of the “Chicago School,” the scientific advantage of dispensing altogether with “School” labels, and a focus on empirical findings in shaping antitrust analysis.
Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin
Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin
David E. Sorkin
Participants in online auctions use a variety of payment mechanisms, but checks and money orders still represent the most commonly used means of payment. Credit cards afford greater protection to buyers, but until recently payment by credit card was not even an option for person-to-person transactions. However, several online payment services have been established that enable individuals to make credit card payments to one another, generally with the payment service acting as an intermediary. These services are growing rapidly, mainly because of the speed and convenience that they offer. Yet relatively little attention has been paid to the risks and …
The Ftc And Pricing: Of Predation And Signaling, George A. Hay
The Ftc And Pricing: Of Predation And Signaling, George A. Hay
George A. Hay
This paper summarizes and comments on two recent FTC cases. The first case involved accusations of predatory pricing against Borden, the manufacturer of ReaLemon, the dominant brand of reconstituted lemon juice. The second involved price-signaling and other so-called facilitating practices by the four makers of lead-based antiknock compounds.
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Adam Thierer
This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate …
Paradoxes Of Digital Antitrust, Frank A. Pasquale
Paradoxes Of Digital Antitrust, Frank A. Pasquale
Frank A. Pasquale
No abstract provided.
The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer
The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer
Joseph P. Bauer
The first Annual Conference sponsored by the American Antitrust Institute featured a number of prominent speakers and explored a number of important issues. The Conference had two principal focuses: substantive questions of antitrust liability and the future direction of public enforcement of the antitrust laws by the Department of Justice's Antitrust Division and by the Federal Trade Commission. However, an issue of at least equal importance was barely discussed, although it has seriously affected the scope and direction of the antitrust laws. That issue: Private enforcement of the antitrust laws, and the significant undermining of those efforts by a number …
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
Andrew Popper
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. …
United States Federal Trade Commission: Organization, Jurisdiction, And Procedure (In German), Matthew W. Sawchak, Christoph Ann
United States Federal Trade Commission: Organization, Jurisdiction, And Procedure (In German), Matthew W. Sawchak, Christoph Ann
Matthew W. Sawchak
A summary of the organization, jurisdiction, and policy initiatives of the Federal Trade Commission aimed toward European readers.
The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices., Andrew B. Serwin
The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices., Andrew B. Serwin
Andrew B. Serwin
This article examines the history of privacy enforcement by the Federal Trade Commission, including the FTC’s jurisdiction under Section 5, and its privacy enforcement matters, as well as the FTC's recently issued report, "Protecting Consumer Privacy in an Era of Rapid Change: A proposed Framework for Businesses and Policymakers", in which the FTC examines past enforcement models, noting their failings. In light of the FTC’s examination of past enforcement models, this article then analyzes these models, including the accountability-centric model that has previously been utilized in the United States, as well as the FTC’s proposed solution to the privacy problems …
The New United States Horizontal Merger Guidelines: Devolution, Evolution, Or Counterrevolution?, Thomas J. Horton
The New United States Horizontal Merger Guidelines: Devolution, Evolution, Or Counterrevolution?, Thomas J. Horton
Thomas J. Horton
No abstract provided.
Energy Market Manipulation And Federal Enforcement Regimes, Michael Greenberger
Energy Market Manipulation And Federal Enforcement Regimes, Michael Greenberger
Michael Greenberger
No abstract provided.
Energy Speculation: Is Greater Regulation Necessary To Stop Price Manipulation? Part Ii., Michael Greenberger
Energy Speculation: Is Greater Regulation Necessary To Stop Price Manipulation? Part Ii., Michael Greenberger
Michael Greenberger
No abstract provided.