Self-Regulation and Antitrust

D. C. Bar Association Symposium

Washington, D.C.


Self-regulation efforts that are serious, legitimate and fair should not be blocked by rigid and outdated interpretations of antitrust laws, Robert Pitofsky, Chairman of the Federal Trade Commission, said today. In a speech before the D.C. Bar Association, Pitofsky expanded on this theme as he spoke to the increasingly common question -- are antitrust and self-regulation at odds? "My answer," the chairman said, "is that antitrust only rarely limits the opportunities for genuine self-regulation."

The Emerging Electronic Marketplace

Prepared Remarks before Cyberbanking and Electronic Conference

Washington, D.C.


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

Over one hundred years ago, Louis Brandeis and Samuel Warren wrote some words that resonate in a remarkable way today:

FTC Perspectives on Competition Policy and Enforcement Initiatives in Electric Power

The Conference on The New Rules of the Game for Electric Power: Antitrust & Anticompetitive Behavior.

Washington, D.C.


Good morning. It is a pleasure to be here. I'd like to start off by thanking Andy Strenio for inviting me to participate in this program. I was happy to accept, not only because he is an old friend and a former FTC Commissioner, but because the issues that will be discussed here are tremendously important.

The Consumer Protection Pyramid: Education, Self-Regulation, and Law Enforcement

The Korea Consumer Festival '97

Seoul, Republic of Korea


Good morning. Thank you for inviting me to participate in the 1997 Korea Consumer Festival. I am honored and delighted to be here to tell you about the United States Federal Trade Commission's efforts to protect consumers by preventing unfair, deceptive, or anticompetitive practices in the marketplace. I serve as one of five presidentially-appointed Commissioners overseeing all the activities of the FTC.(1)

The FTC and Dietary Supplements

FDLI Conference on Substantiating Claims for Dietary Supplement Advertising and Labeling, Washington Hilton and Towers Hotel

Washington, D.C.


Good morning. I'd like to thank FDLI for organizing this conference today. I hope that, with the help of our staff, FDA staff and representatives of the state Attorneys General, we will reach a better understanding of the regulatory framework that governs supplement advertising and labeling, and offer some practical advice as to how to steer clear of law enforcement problems.

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.



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


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


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.


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


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


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


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


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.