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.

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

The Privacy & American Business National Conference, Omni Shoreham Hotel

Washington, D.C.


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.


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.


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


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


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


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.