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Competition Agencies, Independence, and the Political Process
Unclassified DAF/COMP/WD(2014)86 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 27-Nov-2014 ___________________________________________________________________________________________ _____________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Unclassified DAF/COMP/WD(2014)86 COMPETITION AGENCIES, INDEPENDENCE, AND THE POLITICAL PROCESS -- Chapter by William Kovacic (George Washington University, United States) -- 17-18 December 2014 This chapter by William Kovacic (George Washington University, United States) was submitted as background material for the Roundtable on Changes in Institutional Design of Competition Authorities which will take place at the 122nd meeting of the OECD Competition Committee on 17-18 December 2014. It is an extract from Competition Policy and the Economic Approach, edited by Josef Drexl, Wolfgang Kerber and Rupprecht Podszun. Published by Edward Elgar, 2011. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries. More documents related to this discussion can be found at http://www.oecd.org/daf/competition/changes-in- competition-institutional-design.htm. This document is available as a PDF only English JT03367265 Complete document available on OLIS in its original format - This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of Or international frontiers and boundaries and to the name of any territory, city or area. English DAF/COMP/WD(2014)86 2 Graham HD:Users:Graham:Public:GRAHAM'S IMAC JOBS:12764 - EE - DREXL:M2555 - DREXL PRINT 16. Competition agencies, independence, and the political process William E. -
Section 5: Principles of Navigation, Maureen K. Ohlhausen
United States of America Federal Trade Commission Section 5: Principles of Navigation Remarks of Maureen K. Ohlhausen1 Commissioner, Federal Trade Commission U.S. Chamber of Commerce Washington, D.C. July 25, 2013 I. Introduction Good morning. I am delighted to be here at the U.S. Chamber of Commerce. Let me thank Sean Heather of the Chamber for inviting me to speak today. In my remarks, I would like to discuss unfair methods of competition (UMC) under Section 5 of the Federal Trade Commission (FTC) Act.2 By that, of course, I mean standalone Section 5 enforcement – separate from our enforcement of the antitrust laws. My primary goal in making these remarks is to continue the dialogue on Section 5, both inside and outside the Commission.3 As a Commissioner, I have called for our agency to issue some type of policy statement or other guidance on how and when it will pursue standalone Section 5 cases. Today I offer some thoughts on what might inform such a statement, as well as some guiding and limiting principles for consideration by my colleagues at the Commission and by interested parties outside the agency. Finally, calling on these principles, I will suggest how the agency should prioritize its competition efforts. II. A Sea of Uncertainty For many decades, the Commission’s exercise of its UMC authority has launched the agency into a sea of uncertainty, much like the agency weathered when using its unfairness authority in the consumer protection area in the 1970s. In issuing our 1980 statement on the 1 The views expressed in this speech are my own and do not necessarily reflect the views of the Federal Trade Commission or any other Commissioner. -
1962 Annual Report
Annual Report of the FEDERAL TRADE COMMISSION For the Fiscal Year Ended June 30, 1962 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C., 20402 - Price 45 cents (paper cover) Federal Trade Commission PAUL RAND DIXON, Chairman SIGURD ANDERSON, Commissioner WILLIAM C. KERN, Commissioner PHILIP ELMAN, Commissioner EVERETTE MACINTYRE, Commissioner JOHN V. BUFFINGTON, Assistant to Chairman JOSEPH W. SHEA, Secretary JOHN N. WHEELOCK, Executive Director FRANK C. HALE, Program Review Officer JAMES MCI. HENDERSON, General Counsel EARL J. KOLB, Director of Hearing Examiners DANIEL J. MURPHY, Director Bureau of Deceptive Practices WILLIAM F. MUELLER, Director Bureau of Economics SAMUEL L. WILLIAMS, Director Bureau of Field Operations BRYAN H. JACQUES, Director Bureau of Industry Guidance JOSEPH E. SHEEHY, Director Bureau of Restraint of Trade HENRY D. STRINGER, Director Bureau of Textiles and Furs ii EXECUTIVE OFFICES OF THE FEDERAL TRADE COMMISSION Pennsylvania Avenue at Sixth Street Northwest, Washington 25, D.C. Field Offices 30 Church St., New York 7, N. Y. Room 10511, U.S. Courthouse and Federal Building, 515 Rusk Avenue, Houston, Tex. Room 1310, 226 West Jackson Boulevard, Chicago 6, Ill. Room 811, U. S. Courthouse, Seattle 4, Wash. Room 306, Pacific Building, San Francisco 3, Room 1128, Standard Building, Cleveland 13, Calif. Ohio. Room 405, 215 West Seventh Street, Los Angeles Room 2806, Federal Office Building, Kansas 14, Calif. City, Mo. Room 1001, 131 State Street, Boston 9, Mass. Room 915, Forsyth Building, Atlanta 3, Ga. Room 1000, Masonic Temple Building, New 958 North Monroe Street, Arlington 1, Va. Orleans 12, La. -
William E. Kovacic an Antitrust Tribute Liber Amicorum - Volume II
Editors Nicolas Charbit Elisa Ramundo Assistant Editors Anna M. Pavlik - Jessica Rebarber William E. Kovacic An Antitrust Tribute Liber Amicorum - Volume II Donald I. Baker, Jonathan B. Baker, Caron Beaton-Wells, Margaret Bloom, John DeQ. Briggs, George S. Cary, Andy C.M. Chen, Daniel A. Crane, Elaine Ewing, Eleanor M. Fox, Damien Geradin, Laurie-Anne Grelier, Omar Guerrero Rodríguez, Doris Hildebrand, Merit E. Janow, Joseph Kattan PC, Bruno Lasserre, Robert C. Marshall, Leslie M. Marx, Robert Ian McEwin, Andreas Mundt, Ali Nikpay, Maureen K. Ohlhausen, Julián Peña, Alan Ramírez Casazza, Patrick Rey, Simon Roberts, Jacques Steenbergen, John Terzaken, Thibaud Vergé, Florian Wagner-von Papp, Wouter P.J. Wils, Marc Winerman, Chris Wood, Joshua D. Wright. William E. Kovacic An Antitrust Tribute Liber Amicorum - Volume II Editors Nicolas Charbit Elisa Ramundo Assistant Editors Anna M. Pavlik - Jessica Rebarber © Institute of Competition Law, 2014 All rights reserved. No photocopying: copyright licenses do not apply. The information provided in this publication is general and may not apply in a specific situation. Legal advice should always be sought before taking any legal action based on the information provided. The publisher accepts no responsibility for any acts or omissions contained herein. Enquiries concerning reproduction should be sent to the Institute of Competition Law, at the address below. Copyright © 2014 by Institute of Competition Law 60 Broad Street, Suite 3502, NY 10004 www.concurrences.com [email protected] Printed in the United States of America First Printing, 2014 ISBN 978-1-939007-43-8 LCCN 2014940897 Publisher’s Cataloging-in-Publication (Provided by Quality Books, Inc.) William E. -
90 Years and Two Days in Forty-Five Minutes Stephen Calkins Wayne State University, [email protected]
Wayne State University Law Faculty Research Publications Law School 1-1-2005 90 Years and Two Days in Forty-Five Minutes Stephen Calkins Wayne State University, [email protected] Recommended Citation Stephen Calkins, 90 Years and Two Days in Forty-Five Minutes, 72 Antitrust L. J. 1183 (2005). Available at: http://digitalcommons.wayne.edu/lawfrp/15 This Article is brought to you for free and open access by the Law School at DigitalCommons@WayneState. It has been accepted for inclusion in Law Faculty Research Publications by an authorized administrator of DigitalCommons@WayneState. NINETY YEARS AND TWO DAYS IN FORTY-FIVE MINUTES STEPHEN CALKINS* The Federal Trade Commission throws unusually good parties. Why this is true is not obvious-but it is obviously true. Perhaps the ability to party well is inherent in a collegial body. Democrats and Republicans, liberals and conservatives, are forced to coexist. Although the agency has experimented with strife, harmony has proven the superior approach. And how better to harmonize than through parties? Every FTC alum has favorite memories of inaugural parties, farewell parties, and holiday parties. Who can forget the time that-and discretion prevents the printing of the tale. So enamored of parties are ErC-ers that they continue going to FTC parties even after graduating from the agency, so to speak, as proven by the continued existence of the Castro C. Geer Chapter of the Federal Trade Commission Alumni Association.' To the list of fabled parties must now be added the Commission's 90th birthday party. The author of this commentary was drafted to attend the proceedings and then share reflections on the highlights and low- lights. -
Page 1 a N T I T R U S T M O D E R N I Z a T I O N C
Sherman Act, Section 1 (15 U.S.C. § 1) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a cor- poration, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court. Sherman Act, Section 2 (15 U.S.C. § 2) Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceed- ing three years, or by both said punishments, in the discretion of the court. Clayton Act, Section 7 (15 U.S.C. § 18) No person engaged in commerce or in any activ- ity affecting commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce, where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly. -
An Historical and Institutional Perspective Hillary Greene University of Connecticut School of Law
University of Connecticut OpenCommons@UConn Faculty Articles and Papers School of Law 2005 Agency Character and Character of Agency Guidelines: An Historical and Institutional Perspective Hillary Greene University of Connecticut School of Law Follow this and additional works at: https://opencommons.uconn.edu/law_papers Part of the Administrative Law Commons, and the Antitrust and Trade Regulation Commons Recommended Citation Greene, Hillary, "Agency Character and Character of Agency Guidelines: An Historical and Institutional Perspective" (2005). Faculty Articles and Papers. 309. https://opencommons.uconn.edu/law_papers/309 +(,121/,1( Citation: 72 Antitrust L.J. 1039 2004-2005 Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Aug 15 16:53:35 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0003-6056 AGENCY CHARACTER AND THE CHARACTER OF AGENCY GUIDELINES: AN HISTORICAL AND INSTITUTIONAL PERSPECTIVE HILLARY GREENE* I. INTRODUCTION Though antitrust guidelines have become commonplace, their approach was novel when first introduced. In a 1964 front-page article entitled, Industries Will Get Merger Guidelines, The New -
90Th Anniversary Program
Federal Trade Commission 90th Anniversary Symposium September 22-23, 2004 Federal Trade Commission Conference Center Acknowledgments It took many people to plan, organize, and stage the celebration of the 90th anniversary of the Federal Trade Commission. Foremost among them are all the participants of the Anniversary Symposium, listed in this Program, who include current and former Commissioners, current FTC management and staff, FTC alumni, and other friends of the agency. In addition, many other individuals made major contributions to the celebration. Special thanks go to Erin Malick, who created the graphics for the Symposium, and Joshua Budich, Gregory Hales, and Barri Hutchins, who designed the related Web materials. Others who worked to make this a special occasion for the entire FTC community include FTC staff members Judy Armstrong, Marie Barrett, Donald Clark, Anna Davis, Lesley Fair, Melissa Farmer, Kanithia Felder, Rhondia Garris, Keith Golden, Maame Gyamfi, James Hamill, Alice Saker Hrdy, Dawne Holz, Bruce Jennings, Brenda Johnson, Gracie Johnson, Judy Jones, Nancy Ness Judy, Maryanne Kane, Spencer Kiggins, James Murray, Carolyn Riley, Derick Rill, Jennifer Schwartzman, Carolyn Shanoff, Janet Silva, Claudia Simons, Virginia Smith, Elaine Sullivan, Heather Thomas, and Christian White. We also express deep appreciation to Caswell O. Hobbs, Margaret Stafford, Esther Brewer Martinson, the American Bar Association Section of Antitrust Law, and the FTC Alumni Society for organizing a reception and dinner in honor of the FTC’s 90th anniversary. Judith Bailey Chair, 90th Anniversary Events The FTC also wishes to acknowledge the Woodrow Wilson House for its permission to use a photograph of President Wilson on event materials. -
Politics and Partisanship in U.S. Federal Antitrust Enforcement
POLITICS AND PARTISANSHIP IN U.S. FEDERAL ANTITRUST ENFORCEMENT WILLIAM E. KOVACIC* U.S. antitrust law provides an informative context in which to examine what guides the behavior of regulatory agencies. Congress cast the federal antitrust statutes in broad terms1 and gave the Department of Justice and Fed- eral Trade Commission much latitude to decide what conduct to proscribe and how to remedy infringements. The interest in predicting how the DOJ and the FTC will use their authority reflects the formidable capacity of federal anti- trust enforcement to affect individual firms and entire industries. Modern experience illustrates the magnitude of enforcement discretion in the U.S. antitrust system. In a number of areas, the DOJ and the FTC have adjusted enforcement priorities significantly over time. For example, in the 1960s and 1970s, distribution practices were core elements of FTC antitrust enforcement.2 Since the late 1980s, however, the FTC has brought just two Robinson-Patman Act3 cases, and the Commission has initiated no vertical * Global Competition Professor of Law and Policy, George Washington University Law School; Non-Executive Director, United Kingdom Competition and Markets Authority. The au- thor served as a commissioner with the Federal Trade Commission from 2006–2011 and chaired the agency from March 2008 to March 2009. The author is grateful to David Hyman, Marina Lao, Jon Leibowitz, James Rill, Steven Salop, and Ted Voorhees for many informative discus- sions. The author also thanks Nathan Wilson for his excellent editorial guidance. The views expressed here are the author’s alone. 1 Section 1 of the Sherman Act prohibits agreements in “restraint of trade.” 15 U.S.C. -
Perspectives on State and Federal Antitrust Enforcement
CALKINS.DOC 06/21/04 3:59 PM PERSPECTIVES ON STATE AND FEDERAL ANTITRUST ENFORCEMENT STEPHEN CALKINS† ABSTRACT This Article reviews federal and (especially) state antitrust enforcement in light of the Microsoft proceeding. Criticism of state enforcement based on that case is misplaced. The Article identifies three consensus comparative advantages of state enforcers: familiarity with local and regional markets, closeness to state and local institutions, and ability and experience in compensating individuals. A review of state enforcement activities finds that the vast majority are consistent with one or more of these advantages. The Article also identifies hallmarks of generally accepted federal civil non-merger enforcement: both antitrust agencies participate actively, using a variety of tools, while showing support for mainstream, economics- based antitrust and an interest in addressing important questions, litigating, and addressing legal issues arising in private as well as public cases. These factors are considered through review of the agencies’ role in addressing the appropriate application of the per se rule, the rule of reason, and mid-level review. The Article ends with modest recommendations. Enforcers should continue to use their array of powers, they should address systemic issues in the antitrust system, and they should apologize less. State enforcers, in particular, need to do a better job of helping observers understand what they actually do—which is something on which state enforcers are working, and something to which this Article may contribute. Copyright © 2003 by Stephen Calkins. † Professor of Law, Wayne State University Law School. The author was General Counsel to the Federal Trade Commission from 1995–1997, but obviously nothing herein represents the views of that or any other agency or institution. -
Commissioners, Chairwomen, and Chairmen of The
COMMISSIONERS, CHAIRWOMEN AND CHAIRMEN OF THE FEDERAL TRADE COMMISSION JANUARY 2018 CHAIRWOMEN AND CHAIRMEN OF THE FTC AND THE DATES SERVED Chairmen Selected by Commissioners 1915 1920 1925 1930 1935 1940 1945 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 1. Joseph E. Davies (D) Mar 16, 1915 to Jun 30, 1916 2. Edward N. Hurley (D) Jul 01, 1916 to Jan 31, 1917 GEORGE RUBLEE (P) 03/16/15-09/08/16 3. William J. Harris (D) Feb 01, 1917 to May 06, 1918 4. William B. Colver (D) May 07, 1918 to Jun 30, 1919 JOHN F. FORT (R) 03/16/17-11/30/19 5. John F. Fort (R) Jul 01, 1919 to Nov 30, 1919 NELSON B. GASKILL (R) 02/01/20-02/24/25 6. Victor Murdock (P) Dec 01, 1919 to Nov 30, 1920 WILLIAM E. HUMPHREY (R) 02/25/25-10/07/33 7. Huston Thompson (D) Dec 01, 1920 to Nov 30, 1921 GEORGE C. MATHEWS (R) 10/27/33-06/30/34 8. Nelson B. Gaskill (R) Dec 01, 1921 to Nov 30, 1922 ROBERT E. FREER (R) 08/27/35-12/31/48 9. Victor Murdock (P) Dec 01, 1922 to Nov 30, 1923 JOHN CARSON (IND) 09/28/48-03/31/53 10. Huston Thompson (D) Dec 01, 1923 to Nov 30, 1924 EDWARD F. HOWREY (R) 04/01/53-09/12/55 11. Vernon W. Van Fleet (R) Dec 01, 1924 to Nov 30, 1925 SIGURD ANDERSON (R) 09/12/55-02/29/64 12. -
Years of Antitrust Important Deadlines Section of Antitrust Law Discounted Registration FEB
2012 Years of 60 Antitrust American Bar Association Section of Antitrust Law Spring Meeting March 28-30, 2012 Washington, DC dailyevents REGISTRATION (Attendees & Press) Capitol Foyer, Ballroom Level HOURS: Tuesday, March 27 10:00 am – 6:00 pm Wednesday, March 28 7:30 am – 6:00 pm Thursday, March 29 7:30 am – 5:30 pm Friday, March 30 7:30 am – noon CLE INFORMATION DESK Capitol Foyer, Ballroom Level HOURS: Wednesday, March 28 7:30 am – 5:30 pm Thursday, March 29 7:30 am – 5:30 pm Friday, March 30 7:30 am – noon ANTITRUST BOOKSTORE Russell/Hart, Meeting Room Level HOURS: Tuesday, March 27 1:00 pm – 5:30 pm Wednesday, March 28 7:30 am – 5:30 pm Thursday, March 29 7:30 am – 5:30 pm Friday, March 30 7:30 am – noon CONTINENTAL BREAKFAST Start your day with fresh juices, baked goods, and coffee. Continental breakfast will be available at the JW Marriott on the Ballroom Level and at the National Press Club until 9:30 am daily for all Spring Meeting participants. MCLE • All attendees must sign in for CLE. Most attendees only need to do this once for the entire conference. • DE and NY attendees are required by their states to sign in and out of each session. The forms for DE and NY will be located in the back of each session room. At the conclusion of the conference, NY attorneys should pick up their customized Certificate of Attendance at the CLE Information Desk. • Over 40 CLE events are scheduled for the Spring Meeting.