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TOTM Blog Symposium Thursday, Aug. 1: Regulating the Regulators–Guidance for...
Section 5 of the FTC Act permits the agency to take enforcement actions against companies that use “unfair or deceptive acts or practices” or that employ “unfair methods of competition.” The Act...
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Welcome to the TOTM Blog Symposium: Regulating the Regulators–Guidance for...
Regulating the Regulators: Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority August 1, 2013 Truthonthemarket.com Welcome! We’re delighted to kick off our one-day blog symposium...
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Joe Sims on First Principles of Section 5 Authority
Joe Sims is a Partner at Jones Day I find that discussions on antitrust policy, if they are not to devolve into simple recitations of preferred industrial policy, are most focused when grounded in...
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Dan Crane on Section 5 and Principles of Self-Restraint
Dan Crane is Sr. Professor of Law and Associate Dean for Faculty and Research at the University of Michigan Law School I’m delighted that Josh and Maureen have launched a concerted effort to have the...
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Thom Lambert on Guidelines for the FTC’s UMC Authority: What’s Clear and...
Thom Lambert is Wall Family Foundation Chair in Corporate Law & Governance and Professor of Law at University of Missouri School of Law In the last few weeks, two members of the FTC—Commissioners...
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Tim Wu on Section 5 Guidelines Would Make the FTC Stronger and Better
Tim Wu is Isidor and Seville Sulzbacher Professor of Law at Columbia Law School I personally believe that a policy statement on Section 5 would be a very good thing for the Federal Trade Commission,...
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Terry Calvani and Angela Diveley on Injury to Competition and Efficiencies in...
Terry Calvani is a former FTC Commissioner and Member of the Governing Board of the of the Competition Authority of Ireland. He is currently Of Counsel at Freshfields Bruckhaus Deringer. Angela...
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Marina Lao on the FTC’s Section 5 Unfair Methods of Competition Authority
Marina Lao is Professor of Law at Seton Hall University School of Law FTC Commissioner Josh Wright’s recent issuance of a proposed policy statement on Section 5 of the FTC Act has reignited the debate...
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James Cooper on the Limits of Section 5′s Scope Beyond the Sherman Act
James Cooper is Director, Research and Policy at the Law & Economics Center at George Mason University School of Law The FTC has long been on a quest to find the elusive species of conduct that...
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James Cooper on a Sensible Limit to the FTC’s Section 5 Authority
James Cooper is Director, Research and Policy at the Law & Economics Center at George Mason University School of Law In this posting, I sketch out a sensible limitation to the FTC’s Section 5...
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Gus Hurwitz on the Application of Chevron to Section 5
Gus Hurwitz is Assistant Professor of Law at University of Nebraska College of Law Introduction This post is based upon an in-progress article that explores the applicability of Chevron deference to...
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David Balto on Economic Evidence and Section 5
David Balto is a Public Interest Attorney at the Law Offices of David Balto One must applaud the efforts of Commissioners Ohlhausen and Wright to begin the dialogue about the proper use of Section 5 as...
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Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Geoffrey Manne is Lecturer in Law at Lewis & Clark Law School and Executive Director of the International Center for Law & Economics Josh and Maureen are to be commended for their important...
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Gus Hurwitz on A Policy Statement Is Not Enough
Gus Hurwitz is Assistant Professor of Law at University of Nebraska College of Law Administrative law really is a strange beast. My last post explained this a bit, in the context of Chevron. In this...
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David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines
David Balto is a Public Interest Attorney at the Law Offices of David Balto I appreciate the opportunity to provide comments on the current Section 5 discussion and add a few modest thoughts about the...
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Paul Denis on Implementing a Policy Statement on UMC
Paul Denis is a partner at Dechert LLP and Deputy Chair of the Firm’s Global Litigation Practice. His views do not necessarily reflect those of his firm or its clients. Deterrence ought to be an...
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Tad Lipsky on Lessons From the Section 2 Context
Tad Lipsky is a partner in the law firm of Latham & Watkins LLP. The FTC’s struggle to provide guidance for its enforcement of Section 5’s Unfair Methods of Competition (UMC) clause (or not – some...
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Commissioner Wright Responds to Section 5 Symposium
Joshua Wright is a Commissioner at the Federal Trade Commission I’d like to thank Geoff and Thom for organizing this symposium and creating a forum for an open and frank exchange of ideas about the...
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Commissioner Wright’s Call for Section 5 Guidance Getting Attention on...
Late this summer, TOTM hosted a blog symposium on potential guidelines for the Federal Trade Commission’s exercise of its “unfair methods of competition” authority under Section 5 of the FTC Act....
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Commissioner Wright Rightly Calls the Question on Section 5 Guidance
Anybody who has spent much time with children knows how squishy a concept “unfairness” can be. One can hear the exchange, “He’s not being fair!” “No, she’s not!,” only so many times before coming to...
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FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the...
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