Tag Archives: competition

West Virginia v. EPA and ‘Major Questions’ Facing the Competition Agencies

By Jeffry Duffy on July 19, 2022 Posted in Antitrust Litigation

The U.S. Supreme Court’s June 30 decision in West Virginia v. Environmental Protection Agency[1] will reverberate throughout the administrative state, inviting challenges to agency actions on major policy issues – including those in the competition arena – that Congress has not directly addressed in legislation.… Continue Reading

Symposium Advances Debate Over FTC’s Section 5 Enforcement Powers

By Carl Hittinger and Jeffry Duffy on April 6, 2015 Posted in Articles, BakerHostetler, Events, Sherman Act 5

What is an “unfair method of competition” for purposes of the Federal Trade Commission’s enforcement powers? For more than 100 years, lawyers, economists and other experts—as well as courts—have debated that question, trying to determine exactly what conduct Congress meant to prohibit, beyond conduct already condemned by the antitrust laws, when it enacted Section 5 … Continue Reading