Speeches

Consumer Privacy in the Information Age: A View from the United States

The Privacy & American Business National Conference, Omni Shoreham Hotel

Washington, D.C.

Date:

I. Introduction

The U.S. Congress created the Federal Trade Commission in 1915 to promote a free market economy. While the FTC shares joint responsibility with the Department of Justice for U.S. competition policy and antitrust law enforcement, we are the principle regulatory force at the federal level to protect U.S. consumers from unfair and deceptive business practices. Although privacy is a relatively new FTC concern, I believe that it will become a critical aspect of our consumer protection responsibilities.

Competition and Consumer Protection Concerns in the Brave New World of Electronic Money

The United States Department of the Treasury Conference--Toward Electronic Money & Banking: The Role of Government

Washington, D.C.

Date:

I. Introduction

I am delighted to have an opportunity to participate in this extremely timely conference on emerging electronic methods for making payments.* The regulatory decisions that we make or fail to make today and in the near future will have an enormous impact not just on electronic money but on the whole marketing revolution that is occurring in a new high technology - global marketplace.

Keynote Remarks

The Practicing Law Institute's Conference on "False Advertising and the Law: Coping with Today's Challenges"

New York, N.Y.

Date:

Good afternoon. It is a pleasure to be here today at the Practicing Law Institute's program, "False Advertising and the Law: Coping with Today's Challenges." Before I begin, let me make the standard disclaimer that the views I express today are my own and do not necessarily reflect the views of the Commission or any other Commissioner. Also, I should note that in my remarks today I will be mentioning specific Commission actions by way of illustration and not to single out any individual entity.

Consumer Protection in the Information Society: A View from the United States

The European Consumer Forum on the Consumer and the Information Society, Dublin Castle

Date:

Good morning, and thank you for inviting me to discuss consumer protection in the information society. I plan to give you an overview of the law enforcement and regulatory steps taken by government authorities in the United States, particularly by the Federal Trade Commission, on which I serve. Just as the information society has hastened the globalization of trade, it has also made it possible for fraudulent marketers to use new techniques to extend their reach to victims in other countries.

The Evolution of U.S. Merger Law

Prepared Remarks before INDECOPI Conference

Date:

Let me begin by acknowledging that US antitrust law does not embody some ultimate truth. Neither our Congress nor our antitrust enforcers have been to the mountain top and returned with stone tablets engraved with the ten commandments of competition policy. Although some may pretend otherwise, antitrust is neither a science nor a religion. At its best, antitrust is a pragmatic tool designed to achieve important social and economic goals.

Unilateral Competitive Effects Theories in Merger Analysis

Antitrust Developments Program, American Bar Association Section of Antitrust Law, Annual Meeting, Grand Floridian Hotel

Orlando, Florida

Date:

Note: This speech has been revised and is published in Antitrust, vol. 11, Spring 1997, pp. 21-26.

Thomas Kuhn's recent death reminded me of his book The Structure of Scientific Revolutions, which I read while in college. As I am sure many of you also recall, the book explores how a discipline's paradigms can change. Our own discipline, antitrust, underwent its own Copernican revolution within the professional experience of all but the most recent antitrust practitioners. I am speaking, of course, of the rise of the Chicago school approach.

Reinventing Health Care Antitrust Enforcement

The Antitrust Common Ground Conference

Nashville, Tennessee

Date:

Good morning. It is a pleasure to be here today to introduce this morning's program on the antitrust analysis of hospital mergers, HMO mergers and physician networks. I would like to express my sincere thanks to General Burson for his kind introductory remarks and for hosting this conference. As always, I must remind you that my remarks today reflect only my own views and not necessarily those of the Commission or of any other Commissioner.

International Cooperation in Antitrust Enforcement

The Illinois State Bar Association, International Trade Program

Chicago, Illinois

Date:

I. INTRODUCTION

I am pleased to have the opportunity to attend your International Trade Program here in my hometown and to speak to you about some current international antitrust topics that are being debated around the world. Before I proceed, I should point out that the following remarks are my own and do not necessarily represent the views of the Federal Trade Commission or of any other Commissioner.

The Problem with Baker Hughes and Syufy: On the Role of Entry in Merger Analysis

Charles River Associates Incorporated, Conference on Economists' Perspective on Antitrust Today, The Boston Mariott Hotel

Boston, MA

Date:

Note: This speech has been revised and is published in the Antitrust Law Journal, vol. 65, Winter 1997, pp. 353-374.

My subject today is a decision that has not yet been written by the Supreme Court. It is a decision that must be written sooner or later, though, to remove a shadow that has fallen over the treatment of entry in merger analysis under Clayton Act §7.

Prepared Remarks

The National Association of Retail Druggists, Loews L'Enfant Plaza

Washington, D.C.

Date:

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

Demand Draft Fraud

The House Banking Committee

Washington, D.C.

Date:

Mr. Chairman and members of the Committee, I am Jodie Bernstein, Director of the Bureau of Consumer Protection of the Federal Trade Commission. I appreciate the opportunity to appear before you today on behalf of the Commission to discuss the problem of demand draft fraud, its effect on consumers, and what the Commission is doing about it.(1)

Competition and Consumer Protection Enforcement: Aiming Toward a Common Goal in the Emerging Global Marketplace

The 20th Annual International Business Law Institiute on the Practice of International Business Transactions

Minneapolis, Minnesota

Date:

I am pleased to be here at the 20th Annual International Business Law Institute on the Practice of International Business Transactions, and I very much appreciate the opportunity to speak to you about the shared objectives of antitrust and consumer protection law enforcement in an era of global transactions and borderless markets. Before I proceed, I should point out that the following remarks are my own and do not necessarily represent the views of the Federal Trade Commission or of any other Commissioner.

Report from the Bureau of Competition: Looking Back and Going Forward

The 44th Annual Antitrust Spring Meeting, Federal Trade Commission Committee

Washington, D.C.

Date:

Introduction

Good morning. This year's Spring Meeting occurs on the eve of the anniversary of Bob Pitofsky's arrival at the Commission as its Chair and my appointment shortly thereafter as Director of the Bureau of Competition. For that reason I thought it was a fitting time to report to you on what we have accomplished in the last 12 months, and also to identify some of the challenges we face going forward.

Hot Topics at the Federal Trade Commission

American Bar Association, Section of Antitrust Law, 44th Annual Spring Meeting, Omni Shoreham Hotel

Washington, D.C.

Date:

I am delighted to provide an FTC perspective on hot topics in antitrust and consumer protection. But I don’t want to overstate the temperature at the tip of the Federal Triangle. FTC enforcement activity over the last few years has corrected some imbalances that characterized the 1980’s, as Chairman Pitofsky often points out, and has returned to the mainstream. So, while some of the topics I will discuss today are quite warm, you need not worry that the FTC building is ablaze.

Horizontal Price-Fixing in Cyberspace

The 1996 Antitrust Conference: Antitrust Issues in Today's Economy. Sponsored by: The Conference Board, The New York Hilton & Towers Hotel

New York, N.Y.

Date:

Note: this speech has been revised and is published as "Identifying Horizontal Price Fixing in the Electronic Marketplace", Antitrust Law Journal, vol. 65, Fall 1996, pp. 41-55.

An Antitrust Progress Report for the FTC: Past, Present and Future

The 1996 Antitrust Conference, Business Development Associates Inc.

Washington, D.C.

Date:

It has been almost a year since I returned for a third tour of duty at the Federal Trade Commission. For those who wonder about this constant coming and going, my response is that I am going to keep coming back until I get it right.

My report on the state of play for antitrust enforcement at the FTC will be broken down into discussions of the past, present and future.(1)

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