Most of us slow down a bit on holiday weeks like this one. Not the FTC. This week the FTC filed a petition for certiorari with the United States Supreme Court asking it to review the circuit court’s decision in Rambus Inc. v. Federal Trade Commission. The petition, which is online, sets forth the questions presented as:
1. Whether deceptive conduct that significantly contributes to a defendant’s acquisition of monopoly power violates Section 2 of the Sherman Act.
2. Whether deceptive conduct that distorts the competitive process in a market, with the effect of avoiding the imposition of pricing constraints that would otherwise exist because of that process, is anticompetitive under Section 2 of the Sherman Act.
The FTC also released a statement by David Wales, Acting Director of the FTC’s Bureau of Competition, on the United States Court of Appeals for the District of Columbia Circuit denial of Whole Foods Market, Inc.’s petition for rehearing en banc.