Law Commons^™

Comments On Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200, Chaz D. Brooks

Articles in Law Reviews & Other Academic Journals

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition.

This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before …

Equity, Antitrust, And The Reemergence Of The Patent Unenforceability Remedy, Jorge Contreras

Articles in Law Reviews & Other Academic Journals

The conventional legal analysis of technical standard setting derives primarily from antitrust law. But antitrust remedies, taken alone, may not be broad enough to address recent abuses of the standardization process. The principal example of this shortcoming is the well-known case of Rambus, Inc., which, over the course of several years, was alleged to have concealed relevant patent applications from a standards organization in which it participated and then successfully sued the entire DRAM industry for royalties after the standard was “locked-in.” Remarkably, Rambus prevailed in its litigation campaign despite aggressive enforcement efforts by the Federal Trade Commission. Rambus’s success …

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

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.