Open Access. Powered by Scholars. Published by Universities.®

Antitrust and Trade Regulation Commons

Open Access. Powered by Scholars. Published by Universities.®

The University of Akron

FTC

Discipline

Articles 1 - 2 of 2

Full-Text Articles in Antitrust and Trade Regulation

Regulating Unfair Practices Under The Ftc Act: The Need For A Legal Standard Of Unfairness, Teresa M. Schwartz Aug 2015

Regulating Unfair Practices Under The Ftc Act: The Need For A Legal Standard Of Unfairness, Teresa M. Schwartz

Akron Law Review

This article will examine the Commission's past and proposed use of the unfairness theory to justify these trade regulation rules. It is the thesis of this article that the Commission has not defined adequately the parameters of the amorphous statutory term "unfair... acts or practices" nor analyzed the term sufficiently or consistently in its application to trade regulation rules. By purposefully leaving the unfairness theory vague, the Commission invites judicial reversals of its regulations and legislative limitations on its authority.


Refusals To Deal By Monopolists - Recent Decisions, Thomas J. Collin Jul 2015

Refusals To Deal By Monopolists - Recent Decisions, Thomas J. Collin

Akron Law Review

This article will review and evaluate these recent principal cases, both judicial and administrative, in which single-firm refusals to deal by monopolists have been challenged under section 2 of the Sherman Act or, by analogy, under section 5 of the Federal Trade Commission Act. It will demonstrate that there is no reason to depart from conventional monopolization analysis in deciding these cases.