ABA Antitrust Law Section Fall Forum Debate: Anticompetitive Conduct is Best Determined by the FTC

During the Fall Forum of the American Bar Association Antitrust Law Section, at the Ronald Reagan Building and International Trade Center in Washington, D.C., Partner Diane Hazel will moderate a debate that will argue the pros and cons of whether anticompetitive conduct is best determined by the FTC. While the FTC defends competition rulemaking, Article III courts are hearing a wide variety of novel Sherman Act cases around the country.  The question is a mix of familiar and new: What daylight is there between the Sherman Act and the FTC Act and, in this era of new Supreme Court precedent cabining some administrative actions, how can the FTC be most effective in applying a vague concept like unfair competition to technologically complex products and modern business models?

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