Why Congress Should Reject the FTC’s Request for a Trinko Exemption

One of the most significant issues in current US antitrust policy has been the Federal Trade Commission’s attempt to avoid some of the rigorous requirements imposed by Section 2 of the Sherman Act in monopolization cases by expanding FTC authority under Section 5 of the Federal Trade Commission Act (FTCA). This issue is nothing new. FTC leadership has made clear its view that the limitations the Supreme Court has imposed on antitrust plaintiffs apply only in the context of private plaintiff cases – not in cases brought by the agencies. Thus, according to the FTC’s current line of thought, the Supreme Court’s restrictions on the agencies have been imposed erroneously on the agencies both by the Supreme Court and lower courts misinterpreting those decisions. Chairman Leibowitz frames the argument as follows…

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