Tag: Competition

Displaying 1 - 20 of 48 results.

Filtering by content type: Blog Post

From its earliest days, the Commission has used its authority under Section 6 of the FTC Act to gain a deep understanding of competitive conditions in a variety of industries. In its first two decades alone, the FTC produced more than 100 studies or responses to general inquiries,...
This is a special week for the Federal Trade Commission. On Thursday evening, November 6, along with the Antitrust Section of the ABA, the FTC will host our 100th Anniversary Dinner, a public event for FTC staff, alumni, friends, and supporters. Information about the event and...
Here’s another common question we receive from retailers: A manufacturer is placing restrictions on the way I price its products. I think this is anticompetitive. Is it a violation of the antitrust laws for a manufacturer to tell me what price to charge? In most situations, a...
One hundred years ago today, President Woodrow Wilson signed the Clayton Act, just weeks after signing the Federal Trade Commission Act. Together, these statutes gave the federal government new tools to deal with the growing threat of the trusts: a bipartisan five-member Commission...
The FTC has been a consistent proponent of competition in health care markets, utilizing our full range of study, advocacy, and enforcement tools. We are equally proud of our track record in promoting innovation and responding to new technological developments throughout our 100-year...
One hundred years ago today, the New York Times’ news pages were filled with coverage of the outbreak of World War I in Europe. There were stories about the newly opened Panama Canal and the growing movement for women’s suffrage. For $200, an ad in the paper offered readers the...
In recent years, the U.S. health care sector has seen numerous innovations in the way care is organized and reimbursed (e.g., accountable care organizations, bundled payments, etc.), all with the goal of reducing expenditures and improving quality. One innovation that has received a...
The PNO handles Hart-Scott-Rodino Premerger Notification Filings for well over a thousand transactions each year. When you submit an HSR Form with all the required information, the PNO can quickly review the filing, and if necessary, forward it to the investigative staff who will...
I recently spoke at a conference at the American Antitrust Institute.
As the calendar makes clear, summer is nearly over. For some, the transition to fall provokes thoughts of falling leaves, sharpened pencils, and warm beverages. For others, the end of summer means mulling over player rankings, sleepers, and early round strategies. While others have...
Our recent civil penalty action involving Berkshire Hathaway’s failure to file the required Hart-Scott-Rodino notification is a reminder to investors to be alert to common filing mistakes. It is also a reminder that every investor—companies and individuals alike—needs to have a...
This is the email that the sender thought was a friendly introduction to two competitors but ended with today’s charges that the sender violated the FTC Act:
“The clock” is a central part of a merger lawyer’s life. HSR merger review is all about managing the clock effectively. Here are some things we’ve been known to say: Is the clock running? When does the clock start? How much time is on the clock? 
It is a time of unprecedented change in the way health care services are provided and paid for in this country. As with other sectors of our economy that have experienced dramatic change, industry participants are reacting by developing new models, learning from their experiences,...
If anything qualifies as a not-to-be-missed event in the antitrust world, it is happening next Mon., June 23. That’s the day that the FTC and the Department of Justice will hold a joint public workshop on conditional pricing practices.
In a recently published article, we discuss our finding that generic drug companies successfully use low-pricing strategies to discourage entry by new competitors in certain circumstances.
When the Federal Trade Commission looks at competition in the retail sector today, it typically considers the significance of online sales. Sometimes the competition from online retailers drives the analysis. In closing the Office Depot-Office Max matter, the Commission pointed to “...
Today the FTC and DOJ released the 36th Annual Hart-Scott-Rodino Report, a document full of interesting data about federal merger review. The report covers transactions in which the merging parties filed HSR notification between Oct. 1, 2012 to Sept. 30, 2013, and federal merger...
Here’s a very common question, and the writer is usually a retailer who sells products from different manufacturers.
Antitrust enforcers have always been concerned about the potential for harm arising from the activities of trade groups made up of competitors. From its earliest days, the FTC has examined the conduct of trade associations. For example, here’s a passage from the FTC’s first annual...

Pages