Article Abstract:
Janet D. Steiger is pleased with the Federal Trade Commission's handling of new challenges to consumer protection and antitrust enforcement in the 1992-93 period. Enforcement of consumer protection has reached a 15-year peak. Merger enforcement has occurred in response to changes in the health care and defense industries. Important antitrust enforcement has also occurred in nonmerger cases. While she notes that the ABA Task Force on Competition Policy gave many good marks to the FTC in its report, she does agree with the report's criticisms of delays.
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Article Abstract:
The 1992 Horizontal Merger Guidelines issued jointly by the FTC and the Justice Dept will require new vigilance to defend against an antitrust action against a merger. Special concern should be paid to the definition of product market, competitive effects, market entry and the market condition defense from United States v General Dynamics. The government may be favored on market entry claims with the new guidelines.
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Article Abstract:
Antitrust law ramifications of arrangements requiring franchisees to purchase products from franchisors are discussed. Issues include the effect of the Kodak decision on franchise antitrust claims, federal policy toward tying arrangements, elements of a tying claim, antitrust injuries resulting from unlawful tie-ins, and an overview of monopolization claims.
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