Friday, May 10, 2019

FTC Tells DOJ to Back Off

Well, not in so many words, but yesterday the Federal Trade Commission responded to last week's filing of a statement of interest by the Antitrust Division of the Department of Justice in the FTC v. Qualcomm matter (see my previous post here).  The first sentence says it all:  "The FTC files this short response to the untimely Statement of Interest submitted by the Antitrust Division of the U.S. Department of Justice to clarify that the FTC did not participate in or request this filing."  For coverage, see stories on FOSS Patents.and Law360.

It might be worth noting as well that some of Antitrust Division head Makan Delrahim's comments at the Federalist Society event on Wednesday (as noted in Law360's coverage), and even one oblique comment by the panel moderator at that event, might be viewed as digs at the FTC--an independent agency that, as I understand it, some conservative commentators believe is itself unconstitutional.  Ah, these are interesting times . . . .  

Update (May 13, 2019):  Law360 has a follow-up article here, which quotes me, among others.

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