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3 Antitrust (Newsl.) 1 (1981-1982)

handle is hein.journals/antitrust3 and id is 1 raw text is: AntiRust@ Published by the Volume 3 Section of Antitrust Law NUm, ber 1 American Bar Association . Winier 1981: Practical Tools in Understanding Antitrust Division Policies and Procedures by Donald C. Klawiter* Antitrust practitioners are constantly searching for information about the activities, the policies, and the procedures of the Antitrust Division. Such information gathering is obviously an integral part of any attorney's professional interest in keeping up on the activities and institutions that are the focus of the attorney's particular areas of practice. In the antitrust area, however, such in- formation is vital to the practitioner's task of counseling clients on avoiding the perils of antitrust investigation or litigation. The ability to anticipate future areas of en- forcement activity and to perceive the means by which the institution moves from an idea to an indictment are critical elements in measuring the effectiveness of an antitrust lawyer. Because of the critical importance of obtaining information about the Antitrust Division, this article is intended as a guide to information about the Antitrust Division that is published or distributed by the Antitrust Division. While some of these materials are very familiar to the antitrust practitioner, a surprisingly large number are often overlooked or ignored as sources of practical information on the Antitrust Division -and on antitrust law. The types of information available from the Antitrust Division can be classified into four general categories: first, the public announcements of significant actions that the Antitrust Division is taking; second, the operat- ing manuals that explain the internal procedures of the Division and summarize its practices; third, the public statements of Department of Justice and Antitrust Divi- sion officials on issues of policy and practice; and, fourth, guides and position papers of the Division that analyze Continued on page 6 'Donald C. Klawiter is Assistant Chief of the Antitrust Division's Dallas Office. The views in this article are his own antd not those of tile Antitrust Division. FTC Releases Policy Statement Clarifying the Scope of Its Consumer Unfairness Jurisdiction by Michael L. Denger On December 17, 1980, the five members of the Fed- eral Trade Commission transmitted to Senators Wendell H. Ford and John C. Danforth, chairman and ranking minority member, respectively, of the Consumer Sub- committee of the Senate Committee on Commerce, Science, and Transportation, a response to the Senators' letter of June 13, 1980, concerning the scope of the Com- mission's jurisdiction over .nfair acts or practices pro- scribed by Section 5 of the 1 I C Act. The letter, which is subscribed to by each Commissioner, contains a policy statement delineating the Commission's views on the boundaries of its consumer unfairness jurisdiction and purports to provide a concrete indication of the manner in which the Commission has enforced, and will continue to enforce, its consumer unfairness mandate. During the 1979 debate on the Federal Trade Commis- sion Improvements Act of 1980 (FTCIA), many members expressed general concern about the broad scope of the Commission's consumer unfairness authority and Con- gress, in Section 11 of the FCTIA (94 Stat. 378-79), withdrew from the Commission the authority to promul- gate rules governing commercial advertising on the ground that such advertising is an unfair act or prac- tice. The Senate Commerce Committee recognized that questions concerning the appropriate scope of the FTC's consumer unfairness jurisdiction extended beyond adver- tising rulemaking proceedings, indicated that it intended to undertake a review of the scope of the Commission's Continued on page 10 In this issue: News of the Section ........................ 3 Publications Report ....................... 15 Legislative Developments ................... 17

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