September 9, 2008
Competition Law360 reported on the U.S. Federal Trade Commission's response, refusing to endorse the Department of Justice's report titled "Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act."
The article stated, "According to Richard Donovan, an antitrust lawyer at Kelley Drye & Warren LLP, the dispute represents one of the most public disagreements between the FTC and DOJ in years and is surprising to antitrust practitioners because the agencies don't usually go public when they disagree.
'It undercuts the value of the report,' Donovan said, adding that this makes it harder to advise clients about what the government will prosecute if the agencies don't agree with one another. Although the report is helpful in outlining the DOJ's position on single-firm monopolization, these views will be short-lived given [the] imminent change in administration, Donovan noted."