FTC Chairwoman Edith Ramirez and William J. Baer, Assistant Attorney General in charge of the Department of Justice Antitrust Division, testified before the Senate Judiciary Committee’s antitrust subcommittee on Tuesday. The hearing, entitled “Oversight of the Enforcement of the Antitrust Laws,” was the subcommittee’s first antitrust oversight hearing since Ramirez and Baer took the helms of their respective agencies.

In his prepared statement, Baer said that the Antitrust Division is focusing its enforcement efforts on “products consumers use every day…as well as other goods and services that have a significant impact on our nation’s economy, including health care, agriculture, transpor [...]

FTC Commissioner Joshua D. Wright told attendees of the American Bar Association Section of Antitrust Law Spring Meeting on April 11 that he was hopeful that the Commission will issue a policy statement, articulating what constitutes an unfair method of competition in violation of Section 5 of the FTC Act. Saying it is the “Commission’s duty,” he expressed his belief that the current Commission is up for the task.

Wright’s remarks – “What’s Your Agenda?” — delivered at the meeting’s “Hot Topics” panel were added to the agency’s website late Monday.

Wright said he would kick off the process by offering a proposal, with certain limiting principles confining the scope of unfair methods claim [...]

The Ninth Circuit on Thursday ruled that a plaintiff need not make a purchase in California to recover overcharges for price-fixed goods under the California Cartwright Act.

AT&T Corporation and other telecommunications companies that sold mobile wireless handsets containing liquid crystal display (LCD) panels could assert price fixing claims under the California Cartwright Act against manufacturers and distributors of LCD panels to recover overcharges, even though none of their purchases were made in California, the U.S. Court of Appeals in San Francisco decided. Dismissal of the California law claims on the ground that the Due Process Clause of the Fourteenth Amendment forbid the applicati [...]

The Federal Trade Commission announced on Friday that Chairman Jon Leibowitz is planning to leave the Commission effective February 15. Leibowitz has chaired the agency since March 2009 and has been a commissioner since September 2004. Leibowitz did not offer any details of his plans following his departure from the agency.

When Leibowitz began serving as chairman, he anticipated continuity at the agency. He told attendees of the American Bar Association’s Section of Antitrust Law Spring Meeting in Washington, D.C. in March 2009 that he intended to build on the accomplishments of past FTC chairs.

Leibowitz’s tenure was marked by consistency. There were a number of significant accomplishmen [...]

The Federal Trade Commission’s investigation of the now-abandoned merger between Integrated Device Technologies and PLX Technology was the topic of remarks delivered by FTC Commissioner Julie Brill at Skadden’s and Compass/Lexecon’s annual “Antitrust in the Technology Sector” program in Palo Alto, California, on January 28. “The issues raised by IDT/PLX spanned the Merger Guidelines,” Brill said.

In December 2012, the FTC issued an administrative complaint seeking to prevent Integrated Device Technology’s proposed $330 million acquisition of PLX Technology, Inc. The FTC’s complaint alleged that the combined company would possess a near-monopoly on the production of PCIe swit [...]

In order to assert an antitrust injury, a plaintiff needs to be a consumer or a competitor in the restrained market, the U.S. Court of Appeals in Philadelphia ruled yesterday. If a company makes the choice not to compete, then it will lack standing to pursue antitrust claims.

Ethypharm S.A. France, a French pharmaceutical company, brought an antitrust action in 2008 against Abbott Laboratories.  Ethypharm alleged that the failure of its branded fenofibrate drug, Antara, to compete with TriCor, which was developed by a French company named Laboratories Fournier and distributed by Abbott in the United States, was a direct result of Abbott’s anticompetitive conduct.

Ethypharm did not sell A [...]

The Senate late on January 1 confirmed Joshua D. Wright to serve as an FTC commissioner. The Senate Commerce, Science, and Transportation Committee issued a statement on January 2, saying that Wright’s nomination, among others, had been discharged from the Committee and confirmed by the Senate.

Wright will replace FTC Commissioner J. Thomas Rosch—a fellow Republican—whose term expired in September. The White House announced the intended nomination on September 10. 

The George Mason University (GMU) Law Professor was confirmed despite tough questioning at a Commerce Committee hearing on December 4. Wright, an economist, has written extensively on antitrust law and economics and is a re [...]

The U.S. Senate today confirmed William Baer to serve as Assistant Attorney General in charge of the Department of Justice Antitrust Division. The vote was 64 to 26.

Baer was nominated by the President on February 6. His nomination was reported by the Senate Judiciary Committee on September 20.

“Bill is a highly-skilled and well-respected antitrust lawyer who understands the importance of promoting competition in order for consumers to reap the benefits of lower prices and better quality products and services,” said Attorney General Holder in a December 30 statement, welcoming the confirmation.   “I have no doubt that he will lead the Antitrust Division effectively in its vigorous enf [...]

George Mason University Law Professor Joshua D. Wright faced tough questions from members of the Senate Commerce, Science, and Transportation Committee on Tuesday afternoon as the committee considered his nomination to serve on the FTC. 

A vote on the nomination is expected as early as next week. If confirmed, Wright would replace Commissioner J. Thomas Rosch—a fellow Republican—whose term expired in September. Rosch has publicly stated that he will remain at the Commission until his replacement is confirmed and sworn in.

Wright, an economist, has written extensively on antitrust law and economics and is a regular contributor to the Truth on the Market blog. Some of those writings have [...]

Online marketplace eBay, Inc. has been charged by the Department of Justice with entering into an agreement with business and financial management solutions provider Intuit, Inc. not to hire each other’s employees. On Friday, the Justice Department filed an 11-page civil antitrust complaint against eBay in the federal district court in San Jose, California.

The complaint details a naked no-solicitation and no-hire agreement reached at the highest levels of the companies. Meg Whitman, then eBay’s CEO, and Scott Cook, Intuit’s founder and executive committee chair, were allegedly involved in forming, monitoring, and enforcing the pact.

According to the government,  the agreement barred e [...]