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A Common Sense Approach to High Tech

for Pillsbury Madison & Sutro, Antitrust Program, Quadrus Conference Center

Menlo Park, California


My remarks today are my own and do not necessarily reflect the views of the Commission or any of my fellow Commissioners. Let me also note that I will not be discussing the Microsoft and Intel cases since they are pending law enforcement actions.

Government Philosophy

First, I would like to briefly share with you my view of what role government should play in our lives. This view tempers my approach to decision making on matters before the FTC, including high tech issues.


Aggressive Advertising and the Law Workshop, Sponsored by Business Development Associates, Inc., Marriott Fisherman's Wharf

San Francisco, California


Good morning. I am Orson Swindle, and I currently serve as a Commissioner at the Federal Trade Commission. With me on the panel today is Bill MacLeod, a partner at the law firm of Collier, Shannon, Rill & Scott and a former Director of the FTC's Bureau of Consumer Protection. What Bill and I plan to do this morning is to make some brief opening remarks about alcohol and tobacco advertising, and then we will see and discuss some alcohol and tobacco ads that the Commission has recently challenged.

Opening Statement of Elaine D. Kolish, FTC Associate Director for Enforcement - Price Check II News Conference


Opening Statement* of Elaine D. Kolish, FTC Associate Director for Enforcement - Price Check II News Conference

December 16, 1998

The holiday season is always busy for consumers and retailers. And it's the perfect time to tell consumers about Price Check II, a survey of pricing accuracy in retail stores, and to give consumers some tips for their holiday shopping.

Solutions for Data Protection and Global Trade

The EU Committee of AMCHAM

Brussels, Belgium


I. Introduction

Thank you for inviting me to join you at this important conference. I met with some members of the EU Committee of AMCHAM in August, prior to the implementation of EU Directive on the Protection of Personal Data. At that time, I warned that these issues would get very serious very quickly. I'm not sure if I am pleased about being proven right.

Managing the Privacy Revolution '98

The Privacy & American Business Conference

Crystal City, Virginia


Thank you for inviting me to speak at this important conference. As you know, in June, the Commission issued its report to Congress on Internet privacy and stated that we would give industry more time, although not much more, and then would examine industry progress and revisit whether legislation is necessary to protect consumers’ privacy online. So, when the conference organizers asked me to discuss whether "Business has Accepted the Challenge to Self-Regulate," I found this topic a "challenge" to address.

Enforcement of Consumer Protection and Competition Laws in the Global Marketplace: the North American Experience

The Sydney Global Commerce Conference 1998, Presented by the Australian Competition and Consumer Commission, Sydney Hilton Hotel

Sydney, Australia


Thank you for the opportunity to participate in this timely discussion. It's a pleasure to share information with this distinguished audience about the Federal Trade Commission's experience with "cross-border" transactions and with international cooperation in the enforcement of consumer protection and antitrust laws.

Competition Policy in a Global Economy--Today And Tomorrow

The European Institute's Eighth Annual Transatlantic Seminar on Trade and Investment

Washington, D.C.


One of the great challenges facing antitrust enforcement officials (and scholars and practitioners) around the world concerns the scope of cooperation in antitrust enforcement and convergence in antitrust views when reviewing international transactions. Because the topic is unusually broad, let me start with some premises that will frame and focus the discussion.

What's Really Going On Inside The Beltway?

The Insight Information Conference, "Managing Antitrust Law Counseling and Compliance in a Changing Legal Environment", Park Lane Hotel

New York, N.Y.


First, let me just thank you for inviting me to speak to you today. My tongue-in-cheek speech title, "What's really going on inside the beltway?" comes at a time when I suspect that most Americans would just as soon not know what's going on inside the beltway. In the antitrust field, however, I think it's awfully important for us to communicate with the public, so that legal counselors, the business community, and consumers can understand what we are doing and why we are doing it.

Promoting Innovation Competition Through the Aspen/Kodak Rule

The George Mason University Law Review Antitrust Symposium: The Changing Face of Efficiency, Capitol Hill, Dirksen Senate Office Building

Washington, D.C.


Two Supreme Court monopolization decisions, Aspen Skiing and Kodak, establish a legal rule: a firm with monopoly power violates Sherman Act §2 if it excludes rivals from the monopolized market by restricting a complementary or collaborative relationship without an adequate business justification. Under this truncated analysis, proof of harm to competition is not required.

Efficiencies in Defense of Mergers: 18 Months After

The George Mason Law Review Antitrust Symposium: The Changing Face of Efficiency

Washington, D.C.


It is now 18 months since the Department of Justice and Federal Trade Commission published Revised Guidelines for treatment of efficiency claims in defense of mergers.(2) My goal today is to present - from the point of view of a non-objective observer - a progress report on that revised section of the Guidelines.

When first published, I detected two sorts of reactions to the changes:

Licensing and Antitrust: Common Goals and Uncommon Problems

The American Conference Institute 9th National Conference on Licensing Intellectual Property


I am delighted to be here today to speak about licensing and antitrust. When I speak on this subject to gatherings of intellectual property practitioners, I sometimes feel as if I am attempting to bridge an ocean almost as wide as the one Columbus undertook to cross five centuries ago. So it is perhaps entirely fitting that this time I am doing it on the holiday dedicated to his memory. You can tell me at the end whether I have succeeded in the proposition that it really is one world after all, or whether instead I have sailed off the edge.

Merger and Competition - The Way Ahead

The American Bar Association Annual Meeting

Toronto, Canada


* The views expressed are those of Chairman Pitofsky, and do not necessarily reflect those of the Commission or other Commissioners.

I am delighted to have an opportunity to discuss international merger enforcement - across continents and across jurisdictions - since it raises some of the most important and challenging questions in the entire competition arena.

Competition and Consumer Protection Issues in the Digital Economy

Luncheon Address to Wireless Communications Association


Thank you for inviting me to speak to your conference today. I am happy to be here because it is an important and exciting time for media and entertainment; a time marked by change and promise for your industry. In fact, the recent change of your association's name from the Wireless Cable to Wireless Communications Association reflects not only the development of your industry but the new ways in which you will interact with consumers, and how agencies like the FTC will interact with you.

Pyramid Schemes

International Monetary Funds Seminar on Current Legal Issues Affecting Central Banks

Washington, D.C.


I would like to thank you for the opportunity to speak about the growing international problem of pyramid schemes. What is striking about these schemes is that while they are very old forms of fraud, modern technology has vastly multiplied their potential for harming our citizens. The Internet in particular offers pyramid builders a multi-lane highway to world-wide recruits in virtually no time.