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Antitrust and Trade Regulation Commons™
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Articles 1 - 6 of 6
Full-Text Articles in Antitrust and Trade Regulation
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
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As the recent case of United States v. Lundbeck illustrates, the Federal Trade Commission’s lack of knowledge in medical and pharmacological sciences affects its evaluation of transactions between medical and pharmaceutical companies that involve transfers of rights to manufacture or sell drugs, causing the agency to object to such transactions without solid basis for doing so. This article argues that in order to properly define a pharmaceutical market, one must not just consider the condition that competing drugs are meant to treat, but also take into account whether there are “off-label” drugs that are used to treat a relevant condition, …
Should Section 5 Guidelines Focus On Economic Efficiency Or Consumer Choice?, Robert H. Lande
Should Section 5 Guidelines Focus On Economic Efficiency Or Consumer Choice?, Robert H. Lande
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FTC Commissioner Joshua Wright is right that it would be desirable for the Commission to issue Section 5 antitrust guidelines. This article will demonstrate, however, that the best way to formulate Section 5 guidelines is to focus them on the goal of protecting consumer choice, rather than to embrace Commissioner Wright's proposal to neuter the FTC Act by confining it in an economic efficiency straitjacket. Only if Section 5 guidelines were formulated appropriately would they improve consumer welfare during the Commission's second century.
How The Ftc Could Beat Google, Robert H. Lande, Jonathan L. Rubin
How The Ftc Could Beat Google, Robert H. Lande, Jonathan L. Rubin
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The U.S. Federal Trade Commission is rumored to be deciding whether to bring a “pure Section 5” case against Google as a result of complaints that the company unfairly favors its own offerings over those of its rivals in its search results. But the case will fail miserably at the hands of a reviewing court and the agency will be confined to relatively non-controversial enforcement violations if the FTC fails to impose upon itself a tightly bounded and constrained legal framework that contains clear limiting principles. The only way a court will allow the FTC to pursue a pure Section …
The Intel And Microsoft Settlements, Robert H. Lande
The Intel And Microsoft Settlements, Robert H. Lande
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This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.
Re: Commission's Request For Comments On The Use Of Disgorgement In Antitrust Matters, Robert H. Lande
Re: Commission's Request For Comments On The Use Of Disgorgement In Antitrust Matters, Robert H. Lande
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This is a submission to the FTC that discusses this agency's use of disgorgement as a remedy in Antitrust matters. It strongly supports the Commission's use of the disgorgement remedy, and gives reasons why the public interest would be enhanced if the agency used this remedy more often. This document was submitted on behalf of the American Antitrust Institute.
New Forces Chip Away At Agencies' Policy Of Antitrust Abandonment, Joe Sims, Robert H. Lande
New Forces Chip Away At Agencies' Policy Of Antitrust Abandonment, Joe Sims, Robert H. Lande
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Antitrust is at a crossroads. the federal agencies are dominated by the economic approach of the Chicago school, but congress and the states are expressing sharp dissent.