In this issue:
Welcome to the home page of The CPI Antitrust Chronicle (formerly GCP Magazine). In this issue, we’re taking the first of what will probably be many looks at the antitrust issues that Intel is facing. Our focus in this issue is the advisability of the FTC’s use of expanded powers under Section 5 of the FTC Act to bring action against Intel.
Intel v. FTC: Expanding Section 5 Power
Our focus will be on what appears at first blush to be an odd convergence of legal theory across the Atlantic Ocean…if both sides approach, but do not reach their goals, will they make things far worse rather than better?
It may be that the time has come for the Commission to launch a renewed effort for Section 5 independence. Such a move, however, requires not only the right time, but also the right case. Intel is not that case..
Why bother emphasizing the FTC’s power to reach beyond Â§2 if most of the Commission challenges are covered by Â§2 anyway?
The agency will then be able to claim that it has enhanced the regulatory power of antitrust law, and effectively moved the law to a position closer to that