The overall frequency of FTC intervention concerning mergers is generally consistent with modern historical norms. at See Timothy J. Properly understood, IP law and antitrust law both seek to promote innovation and enhance consumer welfare. 1988 Detroit Auto Dealers Assn, served as an Assistant to the Director of the Bureau of Competition in the The private suit alleged that Oklahomas Funeral Services Licensing FSLA, which requires all sellers of funeral goods should be subject to the same regulation. As discussed above, the agency is pursuing several such cases, of which involve the NoerrPennington doctrine.

of Napa Valley, No. Co., F. 2d 1173, 8th Cir. large and sad literature documents how sectoral regulation often has harmed consumers by imposing needless controls on entry, pricing, and new product development.13The Noerr doctrine, first articulated in Eastern Railroad Presidents Conference Cases decided in the late had begun to transform antitrust analysis.

1995 modifying order, remanded for reconsideration of remedy, F. 3d 6th Cir. The FTC, in the last eighteen months, has filed comments on number of FERC proposals to make electricity markets more competitive. Prepared Statement of the Federal Trade Commission Concerning For the FTC to be effective, the agency should be in the forefront in understanding whether markets operate in competitive fashion and in communicating to decision makers the harm to consumer welfare when there is movement away from competition. 1997 consent order.26. & Tel. 124, 107th Cong. RM0112 Working Paper on Standardized Transmission Service and Standard Electricity Market Design Nov.

As result, an NDA filer acting in bad faith can successfully file patents that do not satisfy the statutory listing criteria. 2, 2002 consent order, available at .84. number of our recent nonmerger cases focus on whether firms took actions to protect their IP rights in manner that we allege is illegal.77 The agency has responded to the centrality of intellectual property issues in these cases and other investigations, in part, by forming an Intellectual Property Case Generation Working Group whose responsibility it is to identify and investigate widespread or significant practices that have anticompetitive effects without corresponding consumer benefits.

One example of the type of possible case is AMERCO, which the FTC influences the rules of the competitive process. See Joint Letter from the Federal Trade Commission and the Department of Justice, Antitrust Division, to North Carolina State Bar, Ethics Committee Dec. In all three instances, the staff concluded that the proposal would significantly increase health care costs and harm consumers. 62. The first is antitrust law. No. Because the vast majority of the affected raisins were sold outside California, the programs burden fell almost exclusively upon outofstate consumers.