Speeches, Articles, and Statements by

J. Thomas Rosch, Commissioner

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Speeches and Articles

Consumer Protection

• "Endorsements and Testimonials Guides”
  American Conference Institute’s Regulatory Summit for Advertisers and Marketers
  Washington, DC
  June 25, 2009
• “Consumer Protection and the Debt Settlement Industry: A View From the Commission”
  Before the 4th Annual Credit and Collection News Conference
  Carlsbad, California
  April 2, 2009
• Looking Backward And Forward:  Some Thoughts on Consumer Protection
  Remarks Prepared by J. Thomas Rosch, Commissioner, Federal Trade Commission, for the Association of National Advertisers
  5th Annual Advertising Law and Business Affairs Conference, New York, NY
  March 11, 2009
• Implications of the Financial Meltdown for the FTC
  New York Bar Association Annual Dinner
  New York, NY
  January 29, 2009
• "Self-Regulation and Consumer Protection:  A Complement to Federal Law Enforcement"
  Before the NAD Annual Conference 2008, What’s New in Comparative Advertising, Claim Support and Self-Regulation,
  New York, NY
  September 23, 2008
• “Responsible Green Marketing”
  Before the American Conference Institute’s Regulatory Summit for Advertisers and Marketers, Washington, DC
  June 18, 2008
• "Deceptive and Unfair Acts and Practices Principles: Evolution and Convergence"
  Before the California State Bar, Los Angeles, California
  May 18, 2007
• "The Importance of Self-Regulation: A View From The Federal Trade Commission"
  Before the American Teleservices Association Washington Summit, Washington, D.C.
  April 24, 2007
• "Where Do We Go From Here? - Some Thoughts On the Future of the Consumer Protection Mission"
  Before the ABA Section of Antitrust Law Consumer Protection Conference, Georgetown University Law Center, Washington, D.C.
  January 29, 2007
• "A View from The FTC: New Trends in Marketing and Promotion and New Challenges in Enforcement"
  Before the 28th Annual Promotion Marketing Law Conference, Chicago, IL
  December 13, 2006
• "Rip Van Winkle Awakens: Some Reflections on Remedies"
  ABA Antitrust Section Spring Meeting, Federal Trade Commission Remedies: Consumer Protection and Antitrust,
  Federal Trade Commission Committee, Washington, DC
  March 30, 2006

Internet, Telecom, Technology

• "Broadband Access Policy:  The Role of Antitrust"
  Presented at the Broadband Policy Summit IV:  Navigating the Digital Revolution, Washington, D.C.,
  June 13, 2008
• "A Different Perspective on DRM"
  Before the Copyright, Digital Rights Management Technologies, and Consumer Protection Symposium,
  UC Berkeley, Boalt Hall School of Law, Berkeley, California
  March 9, 2007
• "Introductory Remarks"
  FTC Public Hearings on Protecting Consumers in the Next Tech-Ade, Washington, DC
  November 7, 2006

International

• “Observations on Evidentiary Issues in Antitrust Cases”
  Remarks beforethe EU Competition Law and Policy Workshop
  Florence, Italy
  June 19, 2009
• The EC’s Pharmaceutical Sector Inquiry Preliminary Report—Wading Into The Thicket of The Antitrust/Intellectual Property Law Overlap
  Innsbruck Symposium on Innovation and Competition Law
  Innsbruck, Austria
  February 26, 2009
• "Forces Driving (and Impeding) Convergence: What Can The FTC (and Like Agencies) Contribute?"
  Before the Global Convergence 2.0 Integration & Innovation Building the Collaborative Knowledge Society Consumer Protection Symposium, Global Forum 2007, Venice, Italy
  November 5-6, 2007
• “Some Views on the European Microsoft Case”
  McGill University Faculty Law Symposium, Montreal, Canada
  October 29, 2008
• The Challenge of Non-Horizontal Merger Enforcement at the Fordham Competition Law Institute’s 34th Annual Conference on International Antitrust Law & Policy, New York City
  September 27-28, 2007
• "Striking a Balance?"
  Some Reflections on Private Enforcement in Europe and the United States
  Before the International Chamber of Commerce Annual Meeting
  New York City, NY
  September 24, 2008
• I say Monopoly, You say Dominance: The Continuing Divide on the Treatment of Dominant Firms, is it the Economics?
  Presented at the International Bar Association, Antitrust Section Conference, Florence, Italy
  September 8, 2007
• "The Three Cs: Convergence, Comity, and Coordination,"
  Remarks before the St. Gallen International Competition Law Forum, St. Gallen University, St. Gallen, Switzerland
  May 10-11, 2007
• “Competition Choke Points?”
  Before the 2006 Global Forum, Paris France
  November 9, 2006
• "Reflections on the DG Competition Discussion Paper on the Application of Article 82 to Exclusionary Abuses"
  Remarks before the 13th Annual International Competition Law Forum, St. Gallen University, St. Gallen, Switzerland
  May 11, 2006

Healthcare

• "Concurring Statement of Commissioner J. Thomas Rosch on the Release of the Commission’s Interim Report on Authorized Generics”
  June 24, 2009
• "Enforcement Strategies in the Health Care Industry”
  Before the ABA Health Law Section
  6th Annual Washington Healthcare Summit, Arlington VA
  November 17, 2008
• "Clinical Integration in Antitrust: Prospects for the Future"
  Remarks before the American Health Lawyers Association, ABA Antitrust Section and ABA Health Law Section, 2007 Antitrust in Health Care Conference, Washington, D.C.
  September 17, 2007

Intellectual Property and Antitrust

• “Antitrust Regulation Of Innovation Markets”
  Remarks before the ABA Antitrust Intellectual Property Conference, Berkeley, CA
  February 5, 2009
• "Litigating Merger Challenges: Lessons Learned,"
  Remarks before the Bates White Fifth Annual Antitrust Conference, Washington, D.C.
  June 2, 2008
• Patent Trolls:  Broad Brush Definitions and Law Enforcement Ideas
  Before the LECG Newport Summit on Antitrust Law and Economics, Newport, RI
  May 31, 2008
• FTC Litigation at the Antitrust/Intellectual Property Interface:
  Remarks before Law Seminars International's Pharmaceutical Antitrust Conference, Washington, D.C.
  April 26, 2007

Non-Merger Antitrust Issues

• Section 2 and Standard Setting:  Rambus, N-Data & The Role of Causation
  Law Seminars International 4th Antitrust Conference on Standard Setting & Patent Pools
  Arlington, VA
  October 2, 2008

Competition

• "Thoughts on the Withdrawal of the DOJ Section 2 Report”
  Before the IBA/ABA Conference on Antitrust in a Global Economy
  New York, NY
  June 25, 2009
• “The Redemption Of A Republican”
  Reprinted from FTC Watch,
  June 1, 2009
• “Antitrust Law Enforcement: What To Do About The Current Economics Cacophony?”
  Before the Bates White Antitrust Conference, Washington, D.C.
  June 1, 2009
• “The FTC’s Section 5 Hearings:  New Standards for Unilateral Conduct?”
  Remarks of J. Thomas Rosch, Commissioner, Federal Trade Commission
  Before the ABA 57th Antitrust Law Section Spring Meeting, Washington, D.C.
  March 25, 2009
• “Interview with J. Thomas Rosch Commissioner, Federal Trade Commission”
  ABA Antitrust Section of Law Antitrust Magazine, Vol. 23, No. 2, Spring 2009.
  January 26, 2009
  
• “One Retrospective View of the Commission’s Activities”
  Washington State Bar Association 25th Annual
  Antitrust and Consumer Protection Seminar, Seattle, WA
  November 6, 2008
• "Remarks Before FTC Section 5 Workshop"
  Federal Trade Commission, Washington, D.C.
  October 17, 2008
• "Perspectives on Three Recent Votes: The Closing of the Adelphia Communications Investigation, the Issuance of the Valassis Complaint & the Weyerhauser Amicus Brief"
  Before the National Economic Research Associates, 2006 Antitrust & Trade Regulation Seminar, Santa Fe, NM
  July 6, 2006
• "Antitrust Modernization Commission Remarks"
  Before the ABA Antitrust Modernization Commission Conference, Georgetown University Law Center, Washington, D.C.
  June 8, 2006

U.S.  Antitrust Case Law

• “The Supreme Court’s Antitrust Jurisprudence: Will The Past Be Prologue?”
  Before the Antitrust Section of the Connecticut Bar Association, Hartford, CT
  April 23, 2009
• "The State of Antitrust in 2008"
  Before the Antitrust Section of the North Carolina State Bar Association, Charleston, SC
  May 9, 2008

• "A Modest Proposal for Modest Antitrust Decisions at the Supreme Court,"
  Before the ABA 56th Antitrust Law Spring Meeting, Washington, D.C.
  March 27, 2008
• The Common Law of Section 2: Is It Still Alive and Well?
  Before the George Mason Law Review 11th Annual Antitrust Symposium, Washington, D.C.
  October 31, 2007
• "Has The Pendulum Swung Too Far? Some Reflections on U.S. and EC Jurisprudence"
  Based on remarks presented at the Bates White Fourth Annual Antitrust Conference, Washington, D.C.
  June 25, 2007
• "Vertical Restraints & Sherman Act § 2"
  Presented at the Conference on Current Topics in Antitrust Economics and Competition Policy. Sponsored by CRA International. Four Seasons Hotel, Washington, D.C.
  June 13, 2007
• "A New Direction for Antitrust at the Supreme Court?"
  Before the Minnesota State Bar Antitrust Section Meeting in Minneapolis, MN
  March 1, 2007
• "Monopsony and The Meaning of 'Consumer Welfare,' A Closer Look at Weyerhaeuser"
  Before the 2006 Milton Handler Annual Antitrust Review, New York, NY
  December 7, 2006

FTC Procedures

• Reflections on Procedure at the Federal Trade Commission
  Remarks of J. Thomas Rosch, Commissioner, Federal Trade Commission
  ABA Antitrust Masters Course IV, The Homestead, Hot Springs, Virginia
  September 25, 2008

• “A Peek Inside:  One Commissioner’s Perspective on the Commission’s Roles as Prosecutor and Judge”
  Before the NERA 2008 Antitrust and Trade Regulation Seminar, Santa Fe, NM
  July 3, 2008

Congressional Testimony

General Oversight

• Statement for the Record of Commissioner J. Thomas Rosch on “The Proposal to Create A Consumer Financial Protection Agency”
  Before the House Committee on Financial Services
  July 21, 2009 (substantially similar to Statement submitted to House Subcommittee on Commerce, Trade, and Consumer Protection on July 16, 2009)
• Oral Statement of Commissioner J. Thomas Rosch “Credit-based Insurance Scores: Are They Fair?”
  Before the House Subcommittee on Oversight and Investigations,Committee on Financial Services
  October 2, 2007
  • Prepared Statement of the Federal Trade Commission
• Oral Statement of Commissioner J. Thomas Rosch
  Oversight Hearing Before the Senate Commerce, Science, and Transportation Committee
  April 10, 2007
  • Prepared Statement of the Federal Trade Commission

Healthcare

• Oral Statement of Commissioner J. Thomas Rosch on “How Pay-For-Delay Settlements Make Consumers and the Federal Government Pay More for Needed Drugs,”
  House Subcommittee on Commerce, Trade, and Consumer Protection, Committee on Energy and Commerce
  March 31, 2009

Commissioner Statements

Consumer Protection

• Dissenting Statement of Commissioner Rosch
  • Federal Trade Commission v. Airborne Health, Inc., et al, (United States District Court Central District of California)
    FTC File No.   072 3183
    

Internet, Telecom, Technology

• Statement of Chairman Majoras, Commissioner Kovacic, and Commissioner Rosch concerning the closing of the investigation into Transactions Involving Comcast, Time Warner Cable and Adelphia Communications File No. 051 0151
  January 31, 2006
  
  • Case Documents

Healthcare

• "Statement of Commissioner J. Thomas Rosch on the Abandonment of the Endocare/Galil Medical, Ltd. Merger”
  June 9, 2009