95-17879. Hearings on FTC Policy in Relation to the Changing Nature of Competition

[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Notices]
[Pages 37449-37450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17879]



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FEDERAL TRADE COMMISSION


Hearings on FTC Policy in Relation to the Changing Nature of 
Competition

AGENCY: Federal Trade Commission.

ACTION: Notice of public hearing and opportunity for comment.

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SUMMARY: The Federal trade Commission (``FTC'' or ``Commission'') 
announces that it will hold hearings this fall on whether there have 
been broad-based changes in the contemporary competitive environment 
that require any adjustments in antitrust and consumer protection 
enforcement in order to keep pace with those changes. The core 
provisions of antitrust and consumer protection law serve as effective 
tools against the exercise of unrestrained private economic power and 
the deception and abuse of consumers. Enforcement that results in 
vigorous competition in domestic markets also best facilitates 
international competitiveness and advancements in innovation-driven 
industries. However, in order to help ensure that antitrust and 
consumer protection law will continue to protect the operation of the 
free market and unimpeded consumer choice, the FTC will examine whether 
adaptations in the enforcement of those laws are warranted in light of 
changes in the nature of global and innovation-based competition.
    The Commission anticipates the hearings to address whether any 
accommodations in the law or enforcement policy are warranted in the 
following areas in light of any developments in global competition and 
innovation: (1) the measurement of market power; (2) the ability of 
firms to enter new markets; (3) treatment of efficiencies in merger and 
nonmerger areas; (4) treatment of efficiencies in innovation, 
particularly those resulting from collaboration; (5) failing firms or 
distressed industries; (6) the impact of antitrust and consumer 
protection law on small businesses; (7) the relationship of antitrust 
to intellectual property law; (8) foreclosure, access and efficiency 
issues related to networks and standards; (9) strategic conduct in the 
context of innovation-based competition; (10) cross-border consumer 
protection issues (such as standard setting, product labelling 
harmonization, and/or technology-related scams); and (11) agency 
institutional processes (such as quality of evidence and burden of 
proof; safe harbors; evidence gathering). The hearings will be 
transcribed and placed on the public record. Any comments received also 
will be put in the public record. The hearings may cover additional 
related topics if the Commission determines it would be advisable to do 
so.

DATES: The hearings will begin in early October, 1995. Specific dates 
will be provided in a later notice and in press releases. When in 
session, the hearings will be held at the FTC headquarters, Sixth 
Street and Pennsylvania Avenue NW., Washington, D.C. The hearings will 
conclude by the end of the year. All interested parties are welcome to 
attend. Requests to participate in the hearings should be submitted 
before August 31, 1995, or earlier if at all possible. Any interested 
person may submit written comments responsible to any of the topics to 
be addressed; such comments should be submitted before the end of the 
hearings.
ADDRESSES: To facilitate efficient review of public comments, all 
comments should be submitted, if possible in electronic and written 
form. Electronic submissions should be on either a 5 and \1/4\ or 3 and 
\1/2\ inch computer disk, with a label on the disk stating the name of 
the commenter and the name and version of the word processing program 
used to create the document. (Programs 

[[Page 37450]]
based on DOS are acceptable. Files from other operating systems should 
be submitted in ASCII text format.) Submissions should be captioned 
``Comments on Hearings on Global Competition and Innovation'' and 
addressed to Donald S. Clark, Office of the Secretary, Federal Trade 
Commission, Sixth Street and Pennsylvania Avenue, N.W., Washington, 
D.C. 20580. Notice of interest in participating in the hearings also 
should be addressed in writing to the Office of the Secretary at the 
above address.

FOR FURTHER INFORMATION CONTACT:Susan DeSanti or Debra A. Valentine, 
Policy Planning, Federal Trade Commission, Sixth Street and 
Pennsylvania Avenue NW., Room 503, Washington, D.C. 20580; or by 
telephone [phone] or [phone]. Electronic Mail Address: 
susan.desanti @ftc.gov, or debra. valentine @ftc.gov. A detailed agenda 
for the hearings will be available on the FTC Home Page (http://
www.ftc.gov), through various publications, and through Sula Miller at 
[phone].

SUPPLEMENTARY INFORMATION: The Commission is examining its role in 
enforcing consumer protection and antitrust laws in light of the above 
issues. The Commission expects that the hearings will provide the 
information necessary to determine what, if any, adjustment may be 
desirable. After the hearings, the Commission intends to issue a 
report, which may indicate changes it intends to adopt or recommend, 
areas for further study, or coordinated action with the Department of 
Justice. The Commission has general authority under the FTC Act to 
interpret its substantive laws through guidelines, advisory opinions, 
and policy statements.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-17879 Filed 7-19-95; 8:45 am]
BILLING CODE 6750-01-M