Speeches

From Open Access to Convergence Mergers: An Antitrust Perspective on the Transition to Electricity Competition (Revised: February 6, 1998)

The Competition Symposium, Brubaker & Associates, Omni Shoreham

Washington, D.C.

Date:
By: 
Jonathan B. Baker, Former Director

INTRODUCTION

In looking over the program before you arrived this morning, some of you may well have asked: what is someone from the Federal Trade Commission doing as our luncheon speaker? I thought this was an electricity conference. After all we've got FERC and the state commissions looking over our shoulders, including looking at mergers. What have we got here, some sort of party crasher? Besides violating the obvious adage and giving an economist a free lunch, what's the point?

Vertical Restraints and Vertical Aspects of Mergers--A U.S. Perspective

Fordham Corporate Law Institute, 24th Annual Conference on International Antitrust Law and Policy

Date:
By: 
Robert Pitofsky, Former Chairman

I. Introduction.

The history of the U.S. approach to vertical nonprice antitrust issues can safely be called checkered. All three branches of our government have struggled over the years, not always consistently, to define the line between permissible and impermissible conduct in this area. These fluctuations in policy and law are not surprising since vertical issues are complicated, hold possibilities of both competitive harm and efficiencies, and lead reasonable people to differ in close cases.

Regulatory Enforcement of Your Website: Who Will be Watching?

The Online Advertising Law Workshop

Chicago, Illinois

Date:
By: 
Roscoe B. Starek, III, Former Commissioner

Good morning. I'm pleased to be here to open this workshop on online advertising law by answering the question "Who Will Be Watching Your Website?" Well, one of the law enforcers likely to be watching is the Federal Trade Commission, as part of its program of generally monitoring national advertising to identify and enforce against deceptive or unfair advertising. We've been wrestling with online enforcement issues for several years now. This morning I'd like to share with you some of the more difficult issues and how at least one Commissioner views them.

Staples and Boeing: What They Say About Merger Enforcement at the FTC

Antitrust 1998, Business Development Associates, The Madison Hotel

Washington, D.C.

Date:
By: 
Robert Pitofsky, Former Chairman

Against the backdrop of a "remarkable" merger wave in the United States, Federal Trade Commission Chairman Robert Pitofsky today offered a group of business executives his analysis of two recent high-profile investigations -- of the Staples/Office Depot merger, which the Commission challenged, and the Boeing/McDonnell Douglas merger, which the Commission did not challenge.

Advertising Alcohol and the First Amendment

The American Bar Association Section of Administrative Law and Regulatory Practice Committee on Beverage Alcohol Practice

San Francisco, California

Date:
By: 
Roscoe B. Starek, III, Former Commissioner

Good afternoon. I'm pleased to have the opportunity to talk with you about alcoholic beverage advertising and the Federal Trade Commission.(1) Since many of you are probably not familiar with the Commission and its law enforcement powers, I'll provide a brief introduction in the context of current concerns about alcohol advertising that, by placement or content, may appear to be directed to minors.

The ABCs at the FTC: Marketing and Advertising to Children,

Advertising and Promotion Law 1997, Minnesota Institute of Legal Education

Date:
By: 
Roscoe B. Starek, III, Former Commissioner

Good morning. Thank you for the opportunity to discuss marketing and advertising to children.(1) The Commission places a high priority on combating deceptive and unfair practices that harm children. Yet, our enforcement efforts in this area often raise difficult questions about the appropriate role of government and the nature of the relief that we can impose. Marketing and advertising to children touch on several different FTC issues.

Econometric Analysis in FTC v. Staples

American Bar Association's Antitrust Section Economics Committee, Willard Hotel

Date:
By: 
Jonathan B. Baker, Former Director

At the end of June, a federal district court in Washington, D.C. granted the Federal Trade Commission's (FTC's) request for a preliminary injunction blocking the Staples-Office Depot merger.(2) The proposed transaction would have combined Staples and Office Depot, two of the three leading office superstore chains. The FTC presented extensive documentary evidence from the merging firms' files at the hearing.

Protecting the Consumer in the Global Marketplace,

The Institute of Trading Standards Administration

Antwerp, Belgium

Date:
By: 
Roscoe B. Starek, III, Former Commissioner

Good morning, and thank you for inviting me to discuss one U.S. perspective on protecting the consumer in the global marketplace.(1)Just as technological developments have encouraged the globalization of trade, they also have made it possible for dishonest marketers to harm consumers and competition by using the same technologies to deceive consumers in other countries. The Federal Trade Commission has first-hand experience with some of the difficulties and possible approaches to enforcement against fraudulent cross-border marketing and high-technology scams.

Antitrust and Intellectual Property: Recent Highlights and Uncertainties

The American Law Institute-American Bar Association, "Antitrust/Intellectual Property Claims in High Technology Markets", Ritz-Carlton Hotel

Boston, Massachusetts

Date:
By: 
Mary L. Azcuenaga, Former Commissioner

The views expressed are those of the Commissioner and do not necessarily reflect those of the Federal Trade Commission or any other Commissioner.

Antitrust and Trade Associations at the FTC

The Antitrust Committee and the Trade Association Committee of the Chicago Bar Association, Plymouth Court

Chicago, Illinois

Date:
By: 
Roscoe B. Starek, III, Former Commissioner

I. INTRODUCTION

Thank you and good afternoon. I'm pleased to have the opportunity to discuss how the Federal Trade Commission prosecutes and adjudicates horizontal restraint-of-trade cases. I will begin with a description of some "first principles" and an explanation of how the Commission has interpreted these principles to develop its current analytical framework for horizontal restraints. I will then characterize the Commission's application of this framework.(1)

Mergers and Acquisitions in the Defense Industry

The Subcommittee on Acquisition and Technology of the United States Senate Armed Services Committee

Washington, D.C.

Date:
By: 
Robert Pitofsky, Former Chairman

I. Introduction

Mr. Chairman and members of the Subcommittee, I am pleased to appear before you today to present the testimony of the Federal Trade Commission concerning the important topic of mergers and acquisitions in the defense industry.(1) The testimony addresses both the policy implications of applying the antitrust laws to defense industry mergers and the process by which that application takes place.

Merger Remedies

The American Bar Association Antitrust Spring Meeting, Omni Shoreham Hotel

Washington, D.C.

Date:
By: 
George S. Cary, Former Senior Deputy Director

Over the past year, we have focused a great deal of time and energy on analyzing the effectiveness of the Commission's merger remedies. Our reassessment of how we should be approaching divestiture orders is ongoing, but we have already taken a series of actions to make the remedy process more effective -- from both a substantive as well as procedural point of view. Today I want to tell you about those efforts and where we now stand.(1)

The Problem

Report from the Bureau of Competition

The American Bar Association, Antitrust Section, Spring Meeting 1997, FTC and Clayton Act Committees

Washington, D.C.

Date:
By: 
William J. Baer, Former Director

I appreciate this opportunity to bring you up to date on antitrust enforcement at the Federal Trade Commission. This year's Spring Meeting occurs just before the completion of my second full year as Bureau Director, and it was even busier than the first. Last year was a record setter in merger activity -- 3,087 reportable transactions in FY 1996, compared to the previous high of 2,883 filings in FY 1989.

Unfairness, Internet Advertising and Innovative Remedies

The American Advertising Federation Government Affairs Conference

Washington, D.C.

Date:
By: 
Roscoe B. Starek, III, Former Commissioner

Thank you for the opportunity to discuss a few current issues which I suspect could cause some concern to the advertising community. This is an interesting time to be a Commissioner, and I predict that as the weather gets warmer over the next several months, some of the matters we will address will become hotter as well. Most of you follow the FTC closely, and I know you like to hear what we think about the most controversial issues that we are facing. And we are wrestling with several.

Competition Policy In Communications Industries: New Antitrust Approaches

The Glasser LegalWorks Seminar on Competitive Policy in Communications Industries: New Antitrust Approaches

Washington, D.C.

Date:
By: 
Robert Pitofsky, Former Chairman

Recent developments in the communications industries show a steady movement from direct regulation to increased reliance on free market incentives. As a believer in the efficiency of market incentives, I regard elimination or substantial reduction of regulation, assuming competition is a feasible alternative, as a good result. Of course, deregulation should be accompanied by a greater role for fundamental antitrust analysis and enforcement, lest the old shackles be replaced by new ones of private manufacture.

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