FTC

Webcasts

Press Conferences

Workshops

Press Conferences

For Release: July 1, 2009

11am EST
'Operation Short Change' Seeks to Protect Vulnerable Consumers : In conjunction with a joint federal/state law enforcement initiative, the Federal Trade Commission will hold a press conference to announce a law enforcement sweep cracking down on frauds fueled by the economic downturn.
[Transcript]

      Windows Media Player

For Release: March 4, 2009

Economic Stimulus Scams: Press Conference to unveil bogus Web sites and other scams claiming they can help individual consumers qualify for a share of stimulus package money. Many sites use photos of President Obama and Vice President Biden to give the appearance of authenticity. Sites also use logos from ABC, CBS, CNBC, CNN, FOX, NBC, MSNBC, USNews and other major media outlets to make them appear legitimate.
[Transcript]

      Windows Media Player

For Release: December 1, 2008

FORMER COMMISSIONER MARY GARDINER JONES TO RECEIVE FTC'S KIRKPATRICK AWARD: On Monday, December 1, Chairman Kovacic will present former Commissioner Mary Gardiner Jones with the Miles W. Kirkpatrick Award for Lifetime FTC Service. Commissioner Jones served from 1964 to 1973. Since then, she has been a tireless advocate for the public interest. Former Bureau of Consumer Protection Director Jodie Bernstein and Deputy Director Teresa Schwartz also will participate in the ceremony. The presentation will begin at 3:30 pm in room H-432.
[Transcript]

      Windows Media Player

For Release: October 23, 2008

'Operation Clean Sweep' Announcement
[Transcript]

      Windows Media Player Real Player

For Release: September 18, 2008

In cooperation with law enforcement and regulatory agencies in the United States and Canada, the Federal Trade Commission will hold a press conference to announce deceptive advertising complaints it has filed against online peddlers of bogus cancer cures.
[Transcript]

      Windows Media Player Real Player

For Release: August 14, 2008

The Federal Trade Commission will announce a multi-million dollar consumer redress settlement against the maker of a well known natural remedy.

[Transcript]

      Windows Media Player Real Player

For Release: July 29, 2008

Marketing Food to Children and Adolescents- Press Conference

[Transcript]

      Windows Media Player Real Player

Back to Top

Workshops

FTC Hearings on Resale Price Maintenance
May 20-21, 2009

 
The Federal Trade Commission will host a public workshop on Resale Price Maintenance (RPM) to examine, for the purposes of enforcing Section 1 of the Sherman Act and Section 5 of the FTC Act. The May 20th panel will review existing empirical studies of RPM, or studies of other vertical restraints that might inform our thinking on RPM. In addition, the Panel will explore future possible research avenues in light of potential testable hypotheses underlying various theories regarding the competitive effects of RPM. The first panel on May 21st will explore the legal and business history of the use and treatment of RPM in the United States. The Panel will focus on changes in business practices, as well as the legal and business management doctrines relating to RPM. The second panel on May 21st will assess the guidance provided by the Leegin Court regarding the analysis of RPM under the rule of reason, and will explore how the rule of reason may be applied post-Leegin.

May 20, 2009

10:00 - 11:00 (AM EST)

Panel 1 :Empirical Evidence On the Effects of RPM: This Panel will review existing empirical studies of RPM, or studies of other vertical restraints that might inform our thinking on RPM. In addition, the Panel will explore future possible research avenues in light of potential testable hypotheses underlying various theories regarding the competitive effects of RPM.
[Transcript]

Windows Media Player   

11:15- 12:45 (PM EST)
Group Discussion
[Transcript]

Windows Media Player   

May 21, 2009

1:00 - 2:00 (PM EST)

Panel 1: Legal and Business History to the Use of RPM in the United States: This Panel will explore the legal and business history of the use and treatment of RPM in this country. The Panel will focus on changes in business practices, as well as the legal and business management doctrines relating to RPM.
[Transcript]

Windows Media Player   

2:15- 3:15 (PM EST)

Panel 2: Rule of Reason Analyses Post-Leegin: This Panel will assess the guidance provided by the Leegin Court regarding the analysis of RPM under the rule of reason. Questions that may be considered include: whether the distinction between price and non-price vertical restraints has any continuing utility; whether particular presumptions might be appropriate; under what conditions might a bquick-lookb rule of reason analysis be appropriate; will the Leegin decision preempt per se illegality for RPM under state law; how will the pleading standard in the Twombly decision affect RPM litigation; and what lessons have we learned thus far from the application of Leegin by the lower courts.
Transcript]

Windows Media Player  

3:30- 5:00 (PM EST)
Group Discussion
[Transcript]

Windows Media Player  

Back to Top

Best Practices for Business: Protecting Personal Information and Fighting Fraud with the Red Flags Rule
April 29, 2009

 
This workshop provides a comprehensive approach to help businesses prevent identity theft. Businesses must implement data security practices that deter identity thieves from obtaining personal information to open or access accounts. Businesses also must pay attention to telltale signs - or red flags - suggesting that thieves may be trying to use personal information that they have already acquired.

9:30 - 10:25 (AM EST)

Opening Remarks: 

William Michael Treanor, Fordham Law School Dean
Leonard Gordon, Regional Director, Northeast Region, Federal Trade Commission (FTC)
Mindy A. Bockstein, Chairperson and Executive Director, New York State Consumer Protection Board (NYCPB)
Jonathan Mintz, Commissioner, New York City Department of Consumer Affairs

Presentation :  Risks & Costs: What's at Stake?
Business and legal reasons to address data security including:
- Federal laws and standards enforced, recent cases, and the costs, penalties, and relief imposed
- New York laws and standards enforced, recent cases and the costs, penalties, and relief imposed
- Prospects of private litigation against companies that experience a breach
- Other costs of data breaches - breach response costs, reputational damage, customer relations impact
- Other business rationales for improved data security
[Transcript]

Windows Media Player   

10:30- 11:40 (AM EST)
Panel 1 : Protecting Personal Information: Steps & Strategies
Practical guidance and lessons learned from persons engaged in security compliance.
[Transcript

] Windows Media Player   

11:50- 1:00 (PM EST)
Panel 2 : When Things Go Wrong: Planning for & Responding to Data Breaches
Breach response and the importance of planning ahead.
[Transcript

Windows Media Player

Fighting Fraud with the Red Flags Rule: Practical Guidance for Business

2:00 - 3:00 (PM EST)

Opening Remarks

Claire Rosenzweig, President and CEO, Better Business Bureau Serving Metropolitan New York
Megan Harvick, Certification Manager, International Association of Privacy Professionals: 

 
Presentation : The Basics: Requirements of the Red Flags Rule
The scope, structure, and requirements of the Red Flags Rule.
[Transcript]

  Windows Media Player   

3:05 - 4:30 (PM EST)

 
Panel : Nuts & Bolts: Putting Together a Red Flags Program
This panel will draw on the experiences of those who have created and administered a Red Flags Program.

Closing Remarks
[Transcript]

Windows Media Player   

Back to Top

FTC HEARING ON THE EVOLVING IP MARKETPLACE
Markets for Intellectual Property
April 17, 2009

April 17, 2009
INDUSTRY ROUNDTABLES
The Federal Trade Commission hosts the fourth in its series of hearings on the Evolving IP Marketplace. This set of hearings will explore the emergence of new business models in the market for intellectual property, strategies for buying, selling and licensing patents and the role of secondary markets. It will also showcase recent academic scholarship in these areas.

9:30 - 10:00 (AM EST)
KEYNOTE ADDRESS:  James E. Malackowski, President & CEO, Ocean Tomo
[Transcript]

Windows Media Player   

10:15 - 12:30 (PM EST)
Panel 1 : ROUNDTABLE DISCUSSION
Some of the most significant recent changes in markets for intellectual property have occurred through the emergence of new business models involving the buying, selling and licensing of patents. This panel will discuss valuing and monetizing patents, strategies for buying and selling patents and the role of secondary markets for intellectual property.
[Transcript]

Windows Media Player   

2:00 - 4:15 (PM EST)
Panel 2 : RECENT SCHOLARSHIP IN PATENT MARKETS
As markets for intellectual property have developed and evolved, so has the scholarship analyzing them. This panel will showcase some of the recent academic thinking about the development and functioning of markets for intellectual property and the policy implications surrounding them.
[Transcript]

Windows Media Player   

Back to Top

Digital Rights Management Conference

MARCH 25, 2009

The Federal Trade Commission and the Technology Law and Public Policy Clinic at the University of Washington School of Law will host a conference on the use of digital rights management technologies, a widespread practice that is expected to become increasingly prevalent in the U.S. marketplace in the coming years.

March 25, 2009
11:30 - 1:30 (PM EST) 8:30 - 10:30 (AM PST)

Welcome and Introductory Remarks: Mary K. Engle, Acting Deputy Director, Bureau of Consumer Protection, Federal Trade Commission

Session 1 : Overview
This panel will introduce how DRM technologies impact consumers.
Session 2 : The Legal Landscape
This panel will discuss how copyright, contract, and consumer protection laws converge when consumers buy and use DRM-protected content.
[Transcript]

Windows Media Player   

1:45 - 3:00 (PM EST) 10:45 - 12:00 (PM PST)
Session 3 : DRM In Action
This panel will discuss the potential benefits to and burdens on consumers and commerce that arise from the use of DRM technologies.
[Transcript]

Windows Media Player   

4:15 - 5:30 (PM EST) 1:15 - 2:30 (PM PST)
Session 4 : Informing Consumers
This panel will discuss how companies communicate the existence and effects of DRM protections on products and services to consumers. It will explore ways of providing consumers with better notice.
[Transcript]

Windows Media Player   

5:45 - 7:45 (PM EST) 2:45 - 4:45 (PM PST)
Session 5 : The Future of DRM
This panel will discuss technological developments, marketplace evolution, and new business models involving DRM, and how they may impact consumers.
Reactions from the “Town"
Attendees of the event and viewers of the webcast will have the opportunity to explain what they think the FTC should take away from this event, and what considerations and concerns they have that might not have been addressed.
[Transcript]

Windows Media Player   

Back to Top

International Competition Network Unilateral Conduct Workshop

MARCH 23 & 24, 2009

March 23, 2009
9:00 - 11:00 (AM EST)

Welcome Address: FTC Chairman Jon Leibowitz

Panel 1 : ASSESSING DOMINANCE/SUBSTANTIAL MARKET POWER
Representatives from the competition agencies of Germany, Israel, the United Kingdom, and the United States will address issues related to the assessment of dominance/substantial market power, including how dominance/substantial market power differs from market power and the significance of market shares, presumptions, and safe harbors. Moderator: Randolph Tritell, U.S. Federal Trade Commission. Speakers: Markus Lange, Shlomi Parizat, John Fingleton, and Gregory Werden.
[Transcript]

Windows Media Player   

11:15 - 12:45 (PM EST)
Panel 2 : CRITERIA USED TO ASSESS THE DURABILITY OF MARKET POWER
Panelists from Belgium, South Africa, Turkey, and the United States will address practical issues raised when assessing dominance/substantial market power and provide guidance for addressing those issues. Issues to be addressed include evaluating the durability of market power and the relevance (if any) of originating as a state-created monopoly.
[Transcript]

Windows Media Player   

4:35 - 5:15 (PM EST)
CONCLUSION OF DAY 1 PROGRAMMING
Breakout session moderators will report in plenary the conclusions drawn from the hypothetical case studies. James F. Rill will offer a non-governmental advisor’s perspectives on the impact of unilateral conduct laws and enforcement policies on business conduct.
[Transcript]

Windows Media Player   

March 24
9:00 - 11:00 (AM EST)

Panel 3 : ASSESSING ANTICOMPETITIVE EFFECTS AND FORECLOSURE
Representatives from Canada, the European Commission, Germany, Japan, and the United States will address general issues of exclusionary conduct (What effects on competition are we looking at specifically? What exactly is market foreclosure? What is the role of intent?). Specific questions relating to exclusive dealing arrangements also will be discussed. Moderator: Markus Lange, German Bundeskartellamt. Speakers: Per Hellström, Osamu Tanabe, Ken Heyer, Randall Hoffley. The panel discussion is followed by a case presentation by Martine Dagenais and Richard Bilodeau from the Canadian Competition Bureau.
[Transcript]

Windows Media Player   

2:00 - 3:30 (PM EST)
Panel 4 : PREDATORY PRICING
Representatives from Brazil, the European Commission, Ireland, Mexico, and the United States will address key issues of predatory pricing analysis (use of cost benchmarks, the role of recoupment, predatory intent and justifications). Moderator: Stanley Wong, Irish Competition Authority.
[Transcript]

Windows Media Player   

5:15 - 5:30 (PM EST)
CLOSING SESSION
[Transcript]

Windows Media Player   

Back to Top

FTC HEARING ON THE EVOLVING IP MARKETPLACE
THE OPERATION OF IP MARKETS
MARCH 18 & 19, 2009

March 18, 2009
INDUSTRY ROUNDTABLES
Four panels will examine the operation of IP and technology markets in a variety of industries and contexts and the impact of patent policies on those markets. Panelists will discuss the factors they consider in determining how to use patents in the IP marketplace, for instance, whether to enforce exclusivity or enter licensing agreements. The panels will consider whether these markets operate efficiently and transparently, and what could be done to improve their operation. The effect of recent Supreme Court decisions and uncertainty in the patent system will be discussed, as will experience with the patent system’s notice function.

9:00 - 10:30 (AM EST)
Panel 1 : UNIVERSITIES AND ENTREPRENEURS
[Transcript]

Windows Media Player   

10:45 - 12:15 (PM EST)
Panel 2 : THE IT AND ELECTRONICS INDUSTRIES
[Transcript]

Windows Media Player   

1:45 - 3:15 (PM EST)
Panel 3 : MANUFACTURING AND DIVERSIFIED COMPANIES
[Transcript]

Windows Media Player   

3:30 - 5:00 (PM EST)
Panel 4 : LIFE SCIENCES INDUSTRIES
[Transcript]

Windows Media Player 

March 19
9:00 - 11:30 (AM EST)

Keynote: Herbert F. Schwartz, retired partner, Ropes & Gray, Adjunct Professor of Law, University of Pennsylvania Law School and New York University Law School

Panel 1 : ECONOMIC PERSPECTIVES ON IP AND TECHNOLOGY MARKETS

Panelists will examine how patents facilitate technology transfer, whether markets for technology and IP operate efficiently and transparently, and what could be done to improve their operation. The effect of recent Supreme Court decisions on licencing decisions will be discussed.
[Transcript]

Windows Media Player   

1:00 - 3:00 (PM EST)
Panel 2 : FULFILLING THE PATENT SYSTEM’S PUBLIC NOTICE FUNCTION (Part 1)
Experts from academia and the bar will address the extent to which the patent system adequately fulfills its notice function – for example, ensuring that the firms seeking to develop and introduce innovative technologies can obtain clear and reliable information regarding the existence and scope of patent rights that could cover those technologies. Specifically, panelists will consider how various patent law doctrines or procedural aspects of the system affect notice, including (1) legal standards such as rules of claim construction and standards governing indefiniteness, written description, and enablement, and (2) examination practice and procedures, including notice available from the information that applicants are required to supply during the examination process, the information provided by examiners in allowing claims, the use of continuing applications, and the publication of applications and evolving claims.
[Transcript]

Windows Media Player   

3:15 - 5:15 (PM EST)
Panel 2 continued: FULFILLING THE PATENT SYSTEM’S PUBLIC NOTICE FUNCTION (Part 2)
[Transcript]

Windows Media Player   

Back to Top

March 16-17, 2009
Securing Personal Data in the Global Economy
The United States Federal Trade Commission (FTC), along with co-organizers APEC and OECD, will hold an international conference on March 16-17, 2009 on the trans-border aspects of data security. This conference, first discussed at an OECD brainstorming session to identify current global privacy challenges, will bring together regulators and civil enforcers, consumer advocates, industry representatives, technology experts, and academics from around the world to address these issues. The conference will focus in particular on business organization’s data security practices in a global economy, rather than on the law enforcement and criminal law dimensions of the issue.

March 16
8:30 - 10:30 (AM EST)

Welcome: KATRINA BLODGETT; OECD Representative ANNE CARBLANC; APEC Representative RICHARD BOURASSA

Keynote: Chairman JON LEIBOWITZ, Federal Trade Commission

Session 1 : Defining the Issues with a Case Study

Data security on its own is a challenge for an organization and the system as a whole. International issues complicate the matter further. But before any solutions can be developed, the problems must first be identified. Our panelists will do that through a two part case study:
Part 1: In one case, a European company makes a lawful transfer of personal data to the US. In another case, a US company outsources processing of data to another country. How do companies approach data security in these instances? How are inter- and intra-company transfers treated differently, if at all?
Part 2: At some point in the process in both cases, there is a data leak. As in many instances, it cannot be precisely determined when and where the data was lost. To what extent does the level of sensitivity of the leaked data have an impact? Which laws apply, and which country/ies can pursue an investigation? How can authorities collaborate?
[Transcript]

Windows Media Player   

10:45 - 12:15 (PM EST)

Session 2 : Data Security and the Law
The legal approach to data security has been influenced by the 1980 OECD Privacy Guidelines, which call for "reasonable security safeguards." The APEC Privacy Framework contains a similar provision, and articulates several factors to be considered determining what measures are appropriate. But there are other international instruments to consider, some binding, and a panoply of data security legal regimes across the globe. Discussion will cover the rulemaking processes, implementation, enforcement, and how/when/if laws and rules are revised. The panelists should review the areas of similarity and common ground, and also brainstorm ways to draft rules that are both technology neutral but concrete enough to be meaningful.
[Transcript]

Windows Media Player   

1:30 - 3:00 (PM EST)

Session 3 : Data Security Practices in Industry
While the law sets a bar for security, industry must implement it in a practical way. In the U.S., for example, the FTC requires a “reasonable” level of security through the FTC Act and the Safeguards Rule, and what is reasonable depends on the type of information held, the size of the business, and other factors. Other countries take different approaches. What is state of the art within industry? How do developers of data security tools stay current? And what can the regulators learn from industry?
[Transcript]

Windows Media Player   

3:15 - 5:00 (PM EST)

Session 4 : Data Breach and Response Best Practices
How do organizations respond to data breaches? And how should they? A number of countries are considering adopting data breach notification legislation, following the lead of the most of the US states. Has notification been good for consumers, and has it raised the priority for data security within companies?
[Transcript]

Windows Media Player 

March 17
8:45 - 10:30 (AM EST)

Keynote: Commissioner Pamela Jones Harbour, FTC

Session 5 : Data Flows and Cross-Border Conflicts

Organizations moving data across borders often face difficult, sometimes inconsistent compliance obligations. Many organizations are seeking a solution to the problem, working to create systems that allow data transfer internationally under a single standard that protects consumers without unduly hindering the global information economy. There are clear challenges to finding consensus approaches in this area, but data security does appear to be one of the core elements around which common approaches can be more easily developed. What are the most promising approaches to addressing cross-border conflicts? What roles are foreseen for the various international organizations in addressing the challenges?
[Transcript]

Windows Media Player   

10:45 - 12:15 (PM EST)

Session 6 : What Have We Accomplished and What's Next?
A wrap-up panel summarizing what we have learned in the previous sessions, identifying topics for future discussion, and discussing how to develop solutions that may have been proposed.

Final Remarks: HUGH STEVENSON, Deputy Director for International Consumer Protection, Office of International Affairs, FTC
[Transcript]

Windows Media Player   

Back to Top

March 12, 2009
Ad It Up!
Advertising Literacy Initiative Forum
The Federal Trade Commission staff will host a forum on March 12, 2009 to gather input for its advertising literacy initiative, which will educate and empower tweens to be better informed consumers of information.  At the forum, experts on advertising and marketing to kids will discuss a range of issues.

March 12
9:30 - 11:00 (AM EST)

Introduction: Carolyn Shanoff, Associate Director, Division of Consumer and Business Education

Panel 1 : What do kids experience in the commercial world?
[Transcript]

Windows Media Player   

11:15 - 12:30 (PM EST)

Panel 2 : What do kids understand about their experience in the commercial world?
[Transcript]

Windows Media Player   

1:45 - 3:30 (PM EST)

Panel 3 : What do kids need to know to navigate in this world?

Closing Remarks: Nat Wood, Assistant Director, Division of Consumer and Business Education
[Transcript]

Windows Media Player   

February 25, 2009
Fraud Forum

February 25
9:00 - 10:45 (AM EST)

Opening Remarks: Federal Trade Commission (FTC) Chairman William Kovacic

Panel 1: Becoming a Scam Artist, Understanding the Victim: Exploring the Psychology of Scammers and Victims

Panelists will explore the motivations of scam artists, including: how they get started and learn the tools of the trade; how and why they target particular victims; and techniques they use to entice potential customers. Panelists also will discuss the psychology of consumers, including how they become victims of these fraudulent actors, ways they can protect themselves, and ways to effectively educate them about fraud.
[Transcript]

Windows Media Player   

February 25
11:00 - 12:30 (PM EST)

Panel 2: Quantifying Fraud and Under-Reported Fraud: Identifying the Fraud that is not Reported and Exploring Ways to Reach Susceptible Consumers

Panelists will provide relevant FTC fraud statistics and discuss types of fraud that consumers may be reporting at lower rates than other scams (e.g. charity fraud). Panelists also will discuss types of fraud directed at particular segments of the population, including minorities and the elderly. They will explore how these populations fall victim to particular scams and how various factors (including a lack of awareness or embarrassment that they have been scammed, or a lack of knowledge regarding where to complain) affect consumer reporting. Panelists also will discuss ways to reach targeted consumers in order to educate them about fraud prevention and reporting.
[Transcript]

Windows Media Player   

February 25
1:30 - 3:00 (PM EST)

Panel 3: From Gateway to Gatekeeper: The Role of Private Industry Players in Detecting and Preventing Fraud

Panelists will discuss how scam artists use tools or services from various private industries to perpetrate their fraud, and will identify these industries’ best practices to help in the prevention and early identification of fraud. Panelists also will discuss new initiatives and/or research they have instituted to better detect and prevent fraud.
[Transcript]

Windows Media Player 

February 25
4:30 - 5:15 (PM EST)

Panel 4: Break-Out Sessions report back to the full group

Representatives selected from the breakout groups will discuss the main ideas and issues raised by their group, as well as recommendations for future action.
[Transcript]

Windows Media Player 

Back to Top

February 17 & 19, 2009
FTC Hearings on Resale Price Maintenance

February 19
10:00 - 11:00 (AM EST)

Panel 2: Examining Theories of Harm from Resale Price Maintenance 

This Panel will explore various economic theories of how the use of resale price maintenance has the potential to harm competition and consumers. In particular, the panel will address the assumptions underlying these theories, testable propositions regarding the validity of these theories, and the practical applicability of these RPM theories to counseling business conduct or informing antitrust enforcement decisions.
[Transcript]

Windows Media Player   

February 19
11:15 - 12:45 (PM EST)

Group Discussion
[Transcript]

Windows Media Player   

February 17
10:00 - 11:15 (AM EST)

Opening Remarks: Commissioner Pamela Jones Harbour

Panel 1: Examining Theories of Benefits from Resale Price Maintenance 

This Panel will explore various economic theories of how the use of resale price maintenance can enhance competition and benefit consumers. In particular, the panel will address the assumptions underlying these theories, testable propositions regarding the validity of these theories, and the practical applicability of these RPM theories to counseling business conduct or informing antitrust enforcement decisions.
[Transcript]

Windows Media Player   

February 17
11:30 - 1:00 (PM EST)

Group Discussion
[Transcript]

Windows Media Player   

Back to Top

February 11-12, 2009
FTC Hearing on The Evolving IP Marketplace -Patent Damages

February 11
9:00 - 12:30 (PM EST)

Panel 1: Standards For Assessing Patent Damages and Their Implementation By Courts 

This panel will discuss trends in damage awards, the current standards governing patent damages, and their impact on patent value and innovation.  It will examine various approaches to damages calculation and the evidence used in assessing damages, particularly in the context of reasonable royalty determinations.  Policy concerns relating to the calculation of reasonable royalties and potential reforms will also be addressed.
[Transcript]

Windows Media Player   

February 11
1:45 - 5:00 (PM EST)

Keynote Address : The Honorable Sue L. Robinson, United States District Court for the District of Delaware

Panel 2: Industry Roundtable Discussion

This panel, structured as an industry roundtable, will explore how patent damages affect licensing, business strategies, and innovation in various sectors of the economy.  In particular, it will consider whether damage awards in patent cases result in awards that promote innovation.  Panelists will examine various proposals to revise the standards for damage determinations and discuss how such changes would impact their industries.
[Transcript]

Windows Media Player   

Back to Top
  

February 12, 2008
FTC Hearing on The Evolving IP Marketplace- Permanent Injunctions & Willfulness

February 12
9:30 - 11:00 (AM EST)

Panel 1: (Part 1) - Changes In Injunction Law

This panel will explore permanent injunctions in patent cases in the wake of the Supreme Court’s eBay decision.  It will examine the ways the courts have analyzed whether to grant or deny injunctions, including the role of economic evidence in that analysis, and any trends that have developed.  Panelists will consider the implications of these developments for innovation, competition, and consumer welfare.
[Transcript]

Windows Media Player   

11:15 - 12:30 (PM EST)

Panel 1: (Part 2) -Changes In Injunction Law
[Transcript]

Windows Media Player   

February 12
1:45 - 3:00 (PM EST)

Panel 2: (Part 1) -Legal Doctrines That Affect The Value and Licensing of Patents

This panel will explore recent changes in injunction law and willfulness standards, and their impact on innovation, licensing and business strategies.  Among other topics, the panel will consider the impact of the eBay decision on patent valuation and licensing; whether the changes in the willfulness doctrine have altered the behavior of patentees and potential infringers; how these court decisions have changed investment in R&D; and how changes in remedies law have implicated incentives to bring, defend or settle patent suits.
[Transcript]

Windows Media Player   

3:15 - 4:30 (PM EST)

Panel 2: (Part 2) -Legal Doctrines That Affect The Value and Licensing of Patents
[Transcript]

Windows Media Player   

Back to Top

December 5, 2008
FTC Hearing on The Evolving IP Marketplace

December 5
9:30 - 11:30 (AM EST)

Opening Remarks: William Kovacic, Chairman, Federal Trade Commission

Panel 1: Developing Business Models

Some of the most significant recent changes in markets for intellectual property have occurred through the emergence of new business models involving the buying, selling and licensing of patents. The first panel will discuss the operation of emerging business models, aspects of the patent system that support those models, and industry responses. The panel will also explore the implications these developing business models have for patent valuation and licensing.
[Transcript]

Windows Media Player Real Player    

December 5
1:00 - 3:00 (PM EST)

Keynote Address: The Honorable Paul R. Michel, Chief Judge, Court of Appeals for the Federal Circuit

Panel 2: Recent and Proposed Changes In Remedies Law

This panel will explore recent and proposed changes in remedies law, their impact on innovation and consumers, and the use of economic analysis in determining remedies. Among other topics, the panel will consider: what economic evidence is relevant when analyzing whether to grant a permanent injunction; whether the legal rules governing patent damages result in awards that appropriately compensate patentees; and whether changes in willfulness doctrine have altered the behavior of patentees and potential infringers.
[Transcript]

Windows Media Player Real Player    

December 5
3:15 - 4:45 (PM EST)

Panel 3: Legal Doctrines That Affect The Value and Licensing of Patents

In the third panel, participants will examine changes in legal doctrines that affect the value and licensing of patents brought about by recent Supreme Court cases on obviousness, declaratory judgment and exhaustion. The panel will also discuss the role of unpredictability and notice in the IP marketplace..
[Transcript]

Windows Media Player Real Player    

Back to Top

November 21, 2008
FTC Roundtable on Follow-on Biologic Drugs: Framework For Competition and Continued Innovation

November 21
8:30 - 10:30 (AM EST)

Session 1: Likely Market Effects of Follow-On Biologic (FOB) Drug Competition

Welcoming Remarks: FTC Commissioner Pamela Jones Harbour

Opening Remarks: Rachel Behrman, FDA, “How Do Biologic Drugs Differ from Small Molecule Drugs?”

Discussion Topics: Participants will discuss the price and market share effects of entry by both biosimilar and biogeneric (i.e., substitutable and interchangeable with the referenced product) drug products. They also will discuss the likely competitive effects Follow-on Biologic (FOB) drug products will have on reimbursement by private and public (e.g., Medicare Part B) payers.
[Transcript]

Windows Media Player Real Player    

November 21
10:45 - 12:00 (PM EST)

Session 2: Likely Competitive Effects of Reference Product Regulatory Exclusivity

Discussion Topics: The participants will discuss the economic model to assess the pros and cons of any regulatory exclusivity period provided to referenced products from both the innovator firms’ and FOB applicants’ perspectives. In particular, panelists will discuss issues of recoupment and innovation in relation to the time periods preventing FOB competitors from seeking regulatory approval. Panelists also will explore the pros and cons of varying the length of any regulatory exclusivity period based on whether an FOB entrant is a biogeneric or biosimilar product and other ways to encourage innovation.
[Transcript]

Windows Media Player Real Player    

November 21
1:00 - 2:45 (PM EST)

Session 3: Biotechnology Patent Issues

Discussion Topics: The participants will discuss the interaction between patents claiming biotechnology products and regulatory exclusivity periods. The panelists will discuss whether there are differences between biotechnology patents and small molecule patents relating to (1) claim drafting and PTO approval processes; and (2) trends regarding judicial review. They also will discuss whether regulatory exclusivity and patent rights affect innovator firm and FOB applicant needs for business planning certainty.

Part 2: Likely Competitive Effects of Follow-on Biologic Regulatory Incentives

Discussion Topics: Participants will discuss whether there is a need to provide regulatory incentives for the filing of FOB applications. The participants will examine the effects of using a marketing exclusivity period for FOB products similar to the one provided generic applicants under the Hatch-Waxman Act. They also will discuss whether such incentives are necessary to encourage the development of biogeneric FOB products.
[Transcript]

Windows Media Player Real Player    

November 21
3:00 - 5:00 (PM EST)

Session 4: Patent Dispute Resolution Processes

Discussion Topics: The participants will discuss the need for, and the likely competitive effects of, different ways to structure a process to resolve patent disputes between innovator firms and FOB applicants prior to FDA approval of FOB products. The participants will use the Case Study to focus on: (1) when to start such a process; (2) how and to whom such notifications will be provided; and (3) what patents to be included in such a process (including patents obtained after such a process has begun).
[Transcript]

Windows Media Player Real Player    

Back to Top

November 6th, 2008
Market Manipulation Rule Workshop

The Federal Trade Commission’s (“FTC”) Market Manipulation Rule workshop will discuss the proposed Rule prohibiting market manipulation in the petroleum industry, set out in the FTC’s Notice of Proposed Rulemaking (“NPRM”), and comments submitted in response to the NPRM. The workshop will be conducted as a moderated roundtable discussion with panelists who submitted a timely request to participate and a comment on the NPRM. An FTC moderator will ask questions of panelists who will be seated at the table throughout the day. Due to the interrelatedness of the topics at issue, the workshop will be broken down into a morning session and an afternoon session, rather than separate issue panels, that will cover the following discussion topics in the general order identified below. The Commission will consider the views expressed at the workshop, along with previously submitted comments, in determining the desirability of promulgating a market manipulation rule and the format and content of any such rule.

November 6th
9:30 - 11:00 (AM EST)

Morning Session
[Transcript]

Windows Media Player Real Player    

November 6th
11:15 - 12:30 (PM EST)

Morning Session, continued
[Transcript]

Windows Media Player Real Player    

November 6th
2:00 - 3:15 (PM EST)

Afternoon Session
[Transcript]

Windows Media Player Real Player    

November 6th
3:30 - 5:00 (PM EST)

Afternoon Session, continued (Including “open mike” session, time permitting, at conclusion of afternoon session).
[Transcript]

Windows Media Player Real Player    

Back to Top

October 30, 2008
FTC Roundtable on the Competitive Significance of Healthcare Provider Quality Information

October 30th
9:00 - 11:00 (AM EST)

Introductory Remarks:  FTC Chairman William Kovacic

Session 1: Consumer and Physician Quality Information Needs
Objective:  To identify those attributes of health care quality that different purchasers (e.g., consumers, employers, insurers, and physicians) need, and must use, to enable quality-based competition among providers and treatment options.  The discussion will be a needs assessment by purchaser type to determine how quality information affects, and can affect, purchaser selection of health care providers and treatments

.Consumer Discussion Topics:  The participants will discuss consumer health care information needs, regardless of the consumers’ insurance status.  The panelists will discuss the type and scope of health care provider quality and performance information (e.g., types of measures, scope of differences, etc.) that consumers need to select providers; the comparative effectiveness of treatments by medical condition to assist consumers with evaluating and selecting their treatment options; and the presentation and format issues involved with communicating quality information directly to consumers.
           

Windows Media Player Real Player    

October 30th
11:15 - 12:45 (PM EST)

Session 2: Employer and Insurer Quality Information Needs
Employer Discussion Topics:  As part of employment-based insurance coverage, employers have implemented a variety of strategies to help consumers use quality and performance information to select providers and treatments.  The participants will discuss the quality information employers need to assist employees with using quality information to select providers and treatments.  Panelists also will discuss the information employers need to assess the quality of insurers’ provider networks and plan coverage. 
 

Windows Media Player Real Player    

October 30th
1:45 - 3:00 (PM EST)

Session 3: Barriers to Quality-Based Competition Among Providers and Treatments
Objective:  To identify the most significant barriers to competition based on provider quality and the comparative effectiveness of treatments.

Discussion Topics:  The participants will discuss the most significant barriers to enhancing the competitive significance of health care quality information.  Discussion will address the barriers to measuring, collecting, reporting, and using health care quality information that makes a difference to consumers, employers, insurers, and physicians as they select among providers and treatment options.  These barriers include the lack of awareness about quality differences among providers and treatments; measurement science, risk adjustment, and data quality issues; the limits of direct-to-consumer quality reporting; and the lack of symmetry between the provision of high-quality services and provider reimbursement policies (e.g., pay-for-performance and issues related to concerns that improvements in quality can reduce reimbursement because fewer procedures or hospitalizations are needed).
[Transcript]

Windows Media Player Real Player    

October 30th
3:15 - 4:45 (PM EST)

Session 4:  Policies to Facilitate Quality Information Measuring, Collecting, and Reporting
Objective:  To identify the pros and cons of policies that could be used to enhance the competitive significance of health care quality information.

Windows Media Player Real Player

October 30, 2008
FTC Roundtable on the Competitive Significance of Healthcare Provider Quality Information

October 30th
9:00 - 11:00 (AM EST)

Introductory Remarks:  FTC Chairman William Kovacic

Session 1: Consumer and Physician Quality Information Needs
Objective:  To identify those attributes of health care quality that different purchasers (e.g., consumers, employers, insurers, and physicians) need, and must use, to enable quality-based competition among providers and treatment options.  The discussion will be a needs assessment by purchaser type to determine how quality information affects, and can affect, purchaser selection of health care providers and treatments

.Consumer Discussion Topics:  The participants will discuss consumer health care information needs, regardless of the consumers’ insurance status.  The panelists will discuss the type and scope of health care provider quality and performance information (e.g., types of measures, scope of differences, etc.) that consumers need to select providers; the comparative effectiveness of treatments by medical condition to assist consumers with evaluating and selecting their treatment options; and the presentation and format issues involved with communicating quality information directly to consumers.
           

Windows Media Player Real Player    

October 30th
11:15 - 12:45 (PM EST)

Session 2: Employer and Insurer Quality Information Needs
Employer Discussion Topics:  As part of employment-based insurance coverage, employers have implemented a variety of strategies to help consumers use quality and performance information to select providers and treatments.  The participants will discuss the quality information employers need to assist employees with using quality information to select providers and treatments.  Panelists also will discuss the information employers need to assess the quality of insurers’ provider networks and plan coverage. 
 

Windows Media Player Real Player    

October 30th
1:45 - 3:00 (PM EST)

Session 3: Barriers to Quality-Based Competition Among Providers and Treatments
Objective:  To identify the most significant barriers to competition based on provider quality and the comparative effectiveness of treatments.

Discussion Topics:  The participants will discuss the most significant barriers to enhancing the competitive significance of health care quality information.  Discussion will address the barriers to measuring, collecting, reporting, and using health care quality information that makes a difference to consumers, employers, insurers, and physicians as they select among providers and treatment options.  These barriers include the lack of awareness about quality differences among providers and treatments; measurement science, risk adjustment, and data quality issues; the limits of direct-to-consumer quality reporting; and the lack of symmetry between the provision of high-quality services and provider reimbursement policies (e.g., pay-for-performance and issues related to concerns that improvements in quality can reduce reimbursement because fewer procedures or hospitalizations are needed).
[Transcript]

Windows Media Player Real Player    

October 30th
3:15 - 4:45 (PM EST)

Session 4:  Policies to Facilitate Quality Information Measuring, Collecting, and Reporting
Objective:  To identify the pros and cons of policies that could be used to enhance the competitive significance of health care quality information.

Discussion Topics:  The participants will discuss the policies necessary to measure, collect, and report quality information to enhance its competitive significance.  Discussion will include how to enable transparency of results information by medical conditions over the complete cycle of care, policies state and federal payers can take to enhance quality information reporting, and ways to enhance the development of information about the comparative effectiveness of different treatments for the same medical condition.  Panelists also will be asked to discuss their priorities for short-term and long-term policies to help reduce or lessen existing barriers (regardless of whether the policy actions might be federal, state, private, or public/private collaborations).
[Transcript]

Windows Media Player