Merger Remedies

The American Bar Association Antitrust Spring Meeting, Omni Shoreham Hotel

Washington, D.C.


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.


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.


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.


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.

Thoughts on 'Leveling the Playing Field' in Health Care Markets

The National Health Lawyers Association, Twentieth Annual Program on Antitrust in the Health Care Field

Washington, D.C.



I appreciate the opportunity to speak to you today about an idea that we frequently hear raised in discussions about health care markets: the concept of "leveling the playing field." The idea of a level playing field -- and what role antitrust should play in bringing it about -- is sort of a lighting rod, eliciting widely diverse and intensely-held opinions by different interest groups. Today, I will try to provide some clarification to the debate, and suggest the role that antitrust enforcement should play in assuring a level playing field.

The Federal Trade Commission's Current Enforcement Policies with Emphasis on Actions Against Associations

The 33rd Annual Symposium on Associations and Antitrust, The Trade Association and Antitrust Law Committee of the Bar of the District of Columbia, The Capitol Hilton Hotel

Washington, D.C.



Thank you and good morning. I'm pleased to have the opportunity to address this distinguished gathering on some important antitrust issues concerning associations

Before I continue, I must make the usual disclaimer: the views I express here are my own and do not necessarily reflect the views of the Commission or of any other Commissioner. In fact, as my votes in several recent cases indicate, my views on some issues are not shared by my colleagues within the Commission. But I'm working on that.

Staying Ahead of the Merger Wave

The 15th Annual Corporate Counsel Institute, J.W. Marriott Hotel

Atlanta, Georgia


It is a pleasure to address the Corporate Counsel Institute here in Atlanta. I have just completed my first year as the Deputy Director of the Bureau of Competition for mergers. I chose a particularly interesting and busy year to return to the FTC after a hiatus of a dozen years. This last year set a new record for the number of mergers filed with and reviewed by the FTC, and I am pleased to have the opportunity to describe our merger enforcement program of the past year. Not only has the year been busy, but it has provided some particularly interesting transactions to review.

The Federal Trade Commission's Green Guides: A Success Story

The Alliance for Beverage Cartons and the Environment Symposium

Brussels, Belgium


Thank you for the opportunity to speak to you today.(1) I want to discuss a success story -- the Federal Trade Commission's role in the area of environmental advertising and labeling claims, and specifically, the 1992 Guides for the Use of Environmental Marketing Claims (which are often called the "Green Guides") and the revisions we made in October. I also want to share with you how the Green Guides came about, and my impressions about how well they have worked.

FTC Staff Report on Competition Policy: Six Months After

American Bar Association Section of Antitrust Law, The Changing Nature of Competition--Legal and Policy Implications

Washington, D.C.


In May 1996, the FTC released a staff report ambitiously titled "Anticipating the 21st Century: Competition Policy in the New High-Tech Global Marketplace." This conference, six months after, is designed to address the twin questions of whether the analysis and recommendations of the report made sense and whether the report is likely to make a difference.(2) My view is that the report is a constructive contribution to debate over United States' competition policy on the eve of the 21st Century. Among its most important elements:

Beyond the Health Care Policy Statements: Where Do We Go from Here?

The 30th Annual Antitrust Institute on Healthcare Antitrust Developments

Cleveland, Ohio


Good afternoon. Thank you for the opportunity to address the 30th Annual Antitrust Institute on Healthcare Antitrust Developments on what is a very interesting and exciting topic. Let me say before I begin that the views I express are entirely my own and do not necessarily represent the views of the Commission or any other Commissioner.

Reflections on 20 Years of Merger Enforcement under the Hart-Scott-Rodino Act

Before The Conference Board, Washington, D.C., October 29, 1996 and before The 35th Annual Corporate Counsel Institute, Northwestern University School of Law, Corporate Law Center, San Francisco, CA, October 31, 1996


One month ago, on September 30, we celebrated the 20th anniversary of the enactment of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act" or "HSR").(2) "Celebrate" may not be the word of choice for everyone, but friend or foe, the statute has affected all of us profoundly. At the time of its enactment, it was described as one of the most far-reaching changes in antitrust enforcement since the passage of the Clayton Act in 1914.(3) That prophesy has rung true.

The Federal Trade Commission and International Antitrust

The Fordham Corporate Law Institute, 23rd annual conference on International Antitrust Law & Policy

New York, N.Y.


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


I am very pleased to have this opportunity to offer an FTC perspective on current issues in international antitrust. My remarks represent my own views and do not necessarily represent those of the Federal Trade Commission or any other Commissioner.

Myths and Half-Truths About Deceptive Advertising

The National Infomercial Marketing Association

Las Vegas, Nevada


Jack Kemp and the Magnificent Seven are tough acts to follow, but I'll attempt to keep you on the edge of your seats with some tips on how to avoid inquiries by the Federal Trade Commission. First -- as we so often ask you to do -- let me begin with a disclosure. The views that I express are my own and do not necessarily reflect those of the Commission or any other Commissioner.

Contemporary Empirical Merger Analysis (Revised: February 7, 1997)

The George Mason University Law Review Symposium , "Antitrust in the Information Revolution: New Economic Approaches for Analyzing Antitrust Issues", Key Bridge Marriott Hotel

Rosslyn, Virginia


REVISED: February 7, 1997


Note: this speech has been revised and is published in the George Mason University Law Review, vol. 5, pp. 347-61, 1997.

Antitrust Analysis of Hospital Networks and Shared Services Arrangements

The American Hospital Association, Sixth Annual OGC/Allied Legal Counsel Seminar

New York, N.Y.


It is a pleasure to be here to discuss antitrust issues of concern to hospitals. I would like to focus my remarks on two issues: (1) the recent revision of the Federal Trade Commission/Department of Justice Statements of Enforcement Policy in Health Care, particularly as the revisions apply to hospitals; and (2) how we analyze agreements among hospitals to combine, coordinate, or allocate clinical services, an issue that AHA raised in the course of our revision effort this past summer.