Thursday, April 28, 2016
William H. Rooney, Christine N. Cea and Agathe M. Richard (all Willkie Farr) ask Getting Closer? The Application of Competition Laws to Regulatory Bodies in the USA and the EU.
ABSTRACT: A recent decision by the U.S. Supreme Court has limited the state action doctrine as it applies to state regulatory bodies. Following that decision, questions had emerged regarding the extent to which states can delegate power to regulatory bodies in a manner that insulates them from the application of competition rules. In response to those questions, the Federal Trade Commission of the United States (FTC) has issued guidelines bringing some clarity to the matter but, at the same time, reserving considerable latitude to the FTC to enforce the antitrust laws against state regulatory bodies.