Reflections on Section 5 of the FTC Act & the FTC’s Case Against Intel

Daniel Crane, Feb 28, 2010 The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such […]

FEB-10(2)

In this issue: Welcome to the home page of The CPI Antitrust Chronicle (formerly GCP Magazine).  In this issue, we’re taking the first of what will probably be many looks at the antitrust issues that Intel is facing. Our focus in this issue is the advisability of the  FTC’s use of expanded powers under Section […]

The Intel Cases”Legal Convergence or Leaps of Faith?

Kent Bernard, Feb 28, 2010 Intel has managed to find itself in the cross-hairs of the antitrust authorities in Brussels and in Washington D.C.It is doubtful if that was a part of its corporate goals at any recent time. With its decision dated May 13, 2009, the European Commission held that Intel violated what was […]

FTC v. Intel: Applying the “Consumer Choice” Framework to “Pure” Section 5 Allegations

Robert Lande, Feb 28, 2010 Much of the Federal Trade Commission’s (“FTC’s”) Complaint against Intel is identical or similar to charges in cases filed by the European Commission and by others, which dealt only with CPU chips.These allegations, if supported by the evidence, involve anticompetitive conduct that significantly harmed consumers worldwide. This Intel behavior should […]

Conduct-Specific Tests? How the FTC Can Reframe the Section 5 Debate

Amanda Reeves, Feb 28, 2010 Over the last few years, the Federal Trade Commission (“FTC”) has awakened Section 5’s “unfair methods of competition” prong from its slumber and ignited a debate about when, if ever, it is proper to use Section 5 to reach conduct beyond the Sherman Act’s four corners. Complicating matters is the […]

The FTC’s Misguided Rationale for the Use of Section 5 in Sherman Act Cases

Geoffrey Manne, Feb 28, 2010 There is a real danger that the Federal Trade Commission (“FTC”) actually believes its stated rationale for bringing its case against Intel under Section 5 of the FTC Act. Frankly, I’d prefer if its arguments were just the callous and disingenuous post hoc rationalizations of a powerful agency, undeterred by […]

Intel and the Death of U.S. Antitrust Law

Keith Hylton, Feb 28, 2010 The Federal Trade Commission’s (“FTC’s”) new legal attack on Intel threatens to leave the company a shell of its former self. The Commission claims that Intel violated Section 5 of the FTC Act by giving discounts and rebates to customers in a manner that harmed its main rival AMD, by […]

The FTC’s Anticompetitive Pricing Case Against Intel

Herbert Hovenkamp, Feb 28, 2010 While the FTC has statutory authority to enforce the Clayton Act, it cannot enforce the Sherman Act directly. The Supreme Court has repeatedly held, however, that 5’s prohibition of “unfair methods of competition” reaches everything in the Sherman Act plus a “penumbra” of practices that fall outside its reach. The […]

Reflections on Section 5 of the FTC Act & the FTC’s Case Against Intel

Daniel Crane, Feb 28, 2010 The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such […]