When Antitrust and Consumer Protection Converge: Advertising as Predation or Exclusion

59th Spring Meeting of the ABA Section of Antitrust Law

March 30, 2011

Partner William C. MacLeod served as session chair and moderator at the 59th Spring Meeting of the ABA Section of Antitrust Law, on March 31, 2011 in Washington, D.C. Mr. MacLeod participated in a panel discussion titled When Antitrust and Consumer Protection Converge: Advertising as Predation or Exclusion.” The panel discussed the Intel case, in which the FTC alleged that marketing representations were deceptive acts and unfair methods of competition under Section 5 of the FTC Act. The panel reviewed how similar claims under Section 2 of the Sherman Act fared in the courts, and addressed strategic considerations for pleading, prosecuting, and defending such claims, whether styled as anticompetitive acts, false advertising, or both.