Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Antitrust Division of the Department of Justice (DoJ) has exclusive governmental authority to enforce the Sherman Act, and shares with the Federal Trade Commission the authority to enforce the Clayton Act. Thus, the DoJ handles claims regarding restrictive agreements or monopolization under the Sherman Act, and shares jurisdiction with the FTC over mergers and Robinson-Patman Act claims.
The D …

The Antitrust Division of the Department of Justice (DoJ)

The Antitrust Division of the Department of Justice (DoJ) has exclusive governmental authority to enforce the Sherman Act, and shares with the Federal Trade Commission the authority to enforce the Clayton Act. Thus, the DoJ handles claims regarding restrictive agreements or monopolization under the Sherman Act, and shares jurisdiction with the FTC over mergers and Robinson-Patman Act claims.

The DoJ Antitrust Division comes within the Executive Branch of the Government. The daily operations of the Antitrust Division are headed by the Assistant Attorney General, who is appointed by the President of the United States and confirmed by the Senate. The Assistant Attorney General reports to the US Attorney General. Five Deputy Assistant Attorney Generals oversee the major program areas, including civil enforcement, regulatory matters, criminal enforcement, economic analysis and international enforcement.

There is broad overlap between the jurisdictions of the DoJ and the FTC. One of the principal differences is that the DoJ handles all criminal antitrust matters. On 5 March 2002, the Assistant Attorney General and the FTC Chairperson announced an agreement explicitly dividing industries between the two agencies. Although strong political pressure led to the Assistant Attorney General declaring, on 20 May 2002, that the DoJ would no longer be adhering to the agreement, it nevertheless provides an indicator of how matters are likely to be allocated. Under the agreement, enforcement of the antitrust laws was given to the FTC for the following sectors: healthcare, pharmaceuticals, biotechnology, airframes, cars and trucks, building materials, chemicals, computer hardware, energy, industrial gases, munitions, grocery and retail, professional services, textiles and satellite manufacturing. The areas allocated to the DoJ were: agriculture, avionics, beer, computer software, cosmetics, financial services, insurance (including health insurance), flat glass, industrial equipment, media and entertainment, metals, missiles and military vehicles, naval defense, photography and film, telecommunication services and equipment, travel and transportation, pulp and paper, and waste.

The Federal Trade Commission (FTC) is a regulatory agency established by Congress in 1914 to administer the Federal Trade Commission Act (F TCA). The FTC is composed of 5 Commissioners appointed by the President for seven-year terms, with one Commissioner designated as the Chairperson (15 U.S.C. § 41). The FTC acts by the majority vote of a quorum, where a quorum is three Commissioners (16 C.F.R. § 4.14).

Under Section 5 of the F TCA, the Commission's jurisdiction extends to “unfair or deceptive acts or practices.” The FTC can provide formal advisory opinions, promulgate industry guides, and issue statements of policy (16 C.F.R. §§ 1.1-1.4). The FTC has discretion to proceed against industry-wide practices either through case-by-case adjudication or by initiating a trade regulation rule proceeding. Section 18 of the F TCA expressly authorizes the FTC to issue rules defining acts that are unfair or deceptive (15 U.S.C. § 57a (a)(1)(B)).

Alternatively, the FTC can prosecute conduct prohibited by the Clayton Act, 15 U.S.C. §§12-27, 29 U.S.C. §52-53, or the Robinson-Patman Act, 15 U.S.C. §§ 13-13b, either directly under those statutes or under Section 5 of the FTCA. Moreover, although the FTC may not directly enforce the Sherman Act, it may proceed against conduct that violates the Sherman Act under Section 5 of the FTCA.

According to the FTC, Congress had given it a mandate to prohibit “unfair methods of competition” beyond the Sherman and Clayton Acts alone. Consequently, on July 9, 2021, the FTC waived a policy limiting enforcement capabilities dating back to 2015.

The Commission's cease and desist powers under Section 5 permit only prospective relief. However, the FTC is authorized to bring civil actions in both State and Federal court under Section 19(b) of the F TCA to seek consumer redress for injuries caused by rule violations or practices as to which the FTC has issued a cease and desist order. Section 13(b) of the F TCA authorizes the FTC to seek permanent injunctions in Federal District Court.

Global Competition Law

1448. The Antitrust Division of the Department of Justice (DoJ)

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Les notions juridiques connexes

1448. The Antitrust Division of the Department of Justice (DoJ)

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise