The federalism debate has continued to serve as a point of controversy and division in American politics and jurisprudence.1 The balance of power between the states and the federal government has shifted over time reflecting the realities of this debate. Historically, the states were thought to possess the exclusive power to regulate ‘‘their purely internal affairs” through the exercise of their police powers.2
Read More North Carolina State Board of Dental Examiners v. FTC — What Hath the Supreme Court Wrought?Antitrust & Trade Regulation Report
The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’
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Reproduced with permission from Antitrust & Trade Regulation Report, 101 ATRR 408, 09/30/2011. Copyright _ 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.
I. Introduction
The authority of the Federal Trade Commission (‘‘FTC” or ‘‘the Commission”) to prohibit ‘‘unfair or deceptive acts or practices” dates back to the Wheeler-Lea Amendment to the FTC Act in 1938.[1]
Since then, federal and state courts…
Read More The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’Global Merger Control in the New Millennium
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The European Commission’s prohibition of the merger of General Electric Co. and Honeywell Inc. portends a potentially troubling future for the review and approval of mergers, acquisitions and joint ventures throughout the world.
The transaction passed antitrust muster in the United States, but it encountered insurmountable opposition at the E.U. From numerous published reports, it appears that the competition methodology utilized by the EU differs…
Read More Global Merger Control in the New Millennium