Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Thursday, May 16, 2013

Big Bang Theory: Does Section 5 of the FTC Act Have Limits or Can It Achieve Infinite Expansion?

Posted by D. Daniel Sokol

The American Bar Association Section of Antitrust Law and Center for Professional Development are sponsoring a great CLE on Big Bang Theory: Does Section 5 of the FTC Act Have Limits or Can It Achieve Infinite Expansion?

Big Bang Theory: Does Section 5 of the FTC Act Have Limits or Can It Achieve Infinite Expansion?

Date: Tuesday, June 18,  2013
Format: Live Webinar and Teleconference
Duration: 60 minutes
         
Teleconference Format  Webinar Format

 

Sponsors:
            The American Bar Association Section of Antitrust Law and Center for Professional Development

4:00 PM-5:00 PM                         Eastern

3:00 PM-4:00 PM                         Central

2:00 PM-3:00 PM                         Mountain

1:00 PM-2:00 PM                         Pacific

Program Description

The FTC has viewed Section 5's broad prohibition of  "unfair methods of competition" as giving it the authority to attack  everything from unilateral "invitations to collude" that lack the  agreement necessary to violate Section 1 (including ones in the form of public  communications on calls with securities analysts or in letters to a distributor  network), to anticompetitive "courses of conduct" that would be  dismissed as "monopoly broth" if challenged under Section 2.   The faculty will discuss:

  • What       are the limits when Section 5 is used to attack conduct that would fail to       meet the accepted requirements for liability under Section 1 or Section 2       of the Sherman Act?
  • Will       the FTC's new push in this area also involve trying to revive old theories       like "facilitating practices" and "collective dominanceā€œ?
  • Can       expanded Section 5 liability effectively be limited, as some have       advocated, to practices that significantly reduce or distort the consumer       choices available on the market?

This program will explore these and other issues, and  will provide some practical advice for in-house counsel on where the limits may  be, and how to manage the risks created by the ongoing uncertainty in this  area.  

Program Faculty

Susan Creighton
Partner
Wilson Sonsini  Goodrich & Rosati
Washington,  DC

Robert H. Lande
      Professor
University of  Baltimore School of Law
      Baltimore,  MD

Tom Rosch
      Of  Counsel  
Latham & Watkins
      San  Francisco, CA

Joe Sims
      Partner
Jones Day
      Washington,  DC

Carter B. Simpson (Moderator)
      Of  Counsel
Dentons US LLP
  Washington, DC

http://lawprofessors.typepad.com/antitrustprof_blog/2013/05/big-bang-theory-does-section-5-of-the-ftc-act-have-limits-or-can-it-achieve-infinite-expansion.html

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