2013 National Lawyers Convention
Is the antitrust enforcement authority of the Federal Trade Commission, proceeding under the FTC Act, broader than that of other litigants – whether private plaintiffs or the Department of Justice – proceeding under the Sherman Act? Section 5 of the FTC Act prohibits “unfair methods of competition in or affecting commerce” – language which some have interpreted as equivalent in scope with parallel provisions of the Sherman Act. As recent Supreme Court decisions have appeared to narrow the scope of the Sherman Act, however, the FTC has moved in the opposite direction. In addition to the Valassis and U-Haul “invitation to collude” cases (a cause of action not recognized under the Sherman Act), the FTC has pursued so-called “Sherman Act plus” antitrust actions against N-Data and Intel. Is this seeming divergence between FTC Act and Sherman Act enforcement authority legally defensible? What are its broader policy implications?
The Corporations, Securities & Antitrust Practice Group hosted this panel on "'New' Antitrust Enforcement Authority under the FTC Act" on Thursday, November 14, during the 2013 National Lawyers Convention.
Corporations: 'New' Antitrust Enforcement Authority under the FTC Act: Defensible Statutory Interpretation or Plumbing the Penumbras?
12:00 p.m. – 2:00 p.m.
- Mr. David A. Balto, David A. Balto Law Offices; Program Fellow, Health Policy Program, New America Foundation
- Mr. Thomas O. Barnett, Partner, Covington & Burling LLP
- Hon. F. Scott Kieff, Commissioner, U.S. International Trade Commission
- Hon. Maureen, K. Ohlhausen, Commissioner, Federal Trade Commission
- Mr. J. Thomas Rosch, Of Counsel, Latham & Watkins LLP
- Moderator: Hon. Stephen F. Williams, United States Court of Appeals, District of Columbia Circuit
[Watch or listen now!] Telecommunications & Electronic Media Practice Group Podcast
Ajit Pai was nominated to the Federal Communications Commission by President Barack Obama and on May 7, 2012 was confirmed unanimously by the United States Senate. He was interviewed by Gregory Sopkin of Wilkinson Barker Knauer, LLP for a Federalist Society Teleforum on current hot topics before the Commission. Topics included incentive auctions, federal spectrum, the IP transition, process reform, and media ownership. Commissioner Pai's goal in all of these areas is to create a regulatory environment in which competition and innovation will flourish, and he seeks to shape regulation that gives private firms the strongest incentive to raise and invest capital; to develop new products and services; and to compete in established and new markets. Specifically, Commissioner Pai is working to remove uncertainty that can deter businesses and investors from taking risks, to revisit outdated regulations, and to set clear, modernized rules for the road.
- Hon. Ajit V. Pai, Federal Communications Commission
- Moderator: Mr. Gregory E. Sopkin, Partner, Wilkinson, Barker, Knauer, LLP
[Listen now!] Telecommunications & Electronic Media Practice Group Podcast
Maureen K. Ohlhausen was nominated to the Federal Trade Commission by President Barack Obama and, on March 29, 2012, was confirmed unanimously by the United States Senate. She will be participate in a Teleforum on the FTC’s activities in the area of consumer privacy, including recent revisions to the Children’s Online Privacy Protection Act (COPPA) Rule.
The rise of sophisticated technologies over the last few years has allowed websites and other online entities to gather and distill large amounts of data about particular internet users. Although there are many efficiency gains from this activity, such as the development of new services and better-targeted advertising, people have also become concerned about possible invasions of privacy from monitoring an individual’s internet activity. Recognizing that children’s online privacy is an especially sensitive area, COPPA prohibits an operator of a website or online service that is directed to children, or who has actual knowledge that it is gathering personal information from a child, from collecting such information without providing notice of its data collection and obtaining verifiable parental consent for it. The FTC recently expanded the COPPA Rule’s coverage to include more types of personal information, such as IP addresses, and to expand the definition of an operator to reach entities that do not collect or use children’s information. Commissioner Ohlhausen addressed how she seeks to balance the FTC’s mandate under Section 5 of the FTC Act to protect consumers against unfair or deceptive acts with the legitimate rights of business to gather and use information for commercial purposes and why she dissented from the FTC’s revision to the COPPA Rule.
- Maureen Ohlhausen, Commissioner, Federal Trade Commission
- Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society
[Listen now!] Financial Services & E-Commerce Practice Group Podcast
Securities and Exchange Commissioner Daniel Gallagher and former Commissioner Paul Atkins joined us on a Teleforum conference call for a conversation on Dodd-Frank's impact on United States capital markets.
- Hon. Daniel M. Gallagher, Commissioner, Securities and Exchange Commission
- Hon. Paul S. Atkins, CEO, Patomak Global Partners LLC, and former Commissioner, Securities and Exchange Commission