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Welcome to the Voluntary Trade Council

The Voluntary Trade Council is a research center dedicated to antitrust and competition regulation. Working in the tradition of the Austrian School of economics, VTC offers free-market criticism of the Federal Trade Commission, the Department of Justice and other agencies that intervene to prevent the voluntary exchange of goods, services and ideas.

Microsoft-Yahoo!

Alex Epstein, an analyst at the Ayn Rand Institute, has published an op-ed explaining why antitrust regulators should not get in the way of any potential combinations of Microsoft, Google and Yahoo! Esptein notes, "What we are observing in the battle over Yahoo! is not genuine, merit-based competition, but competition based on political pull." You can read Epstein's article, "Set Yahoo! Free," at this link.

PATENT HOLD UP

Bruce Kobayashi and Joshua Wright of George Mason University recently posted an article examining "restraint when applying the antitrust laws to conduct that is normally regulated by state and other federal laws," specifcially the use of antitrust "to regulate the problem of patent hold up of members of standard setting organizations." You can download their paper at this link.

Mises.org

S.M. Oliva, president of the Voluntary Trade Council, authored an article for the Ludwig von Mises Institute on Mark and Marianne Hershiser's landmark First Amendment lawsuit against the Federal Trade Commission. You can read the article, "Consumer Protection or Legal Extortion?" at this link.

IP & Antitrust

Damien Geradin, a professor at Tilburg University and a partner at Howrey LLP, recently presented a paper entitled, "What's Wrong with Royalties in High Technology Industries?" which focuses on royalties paid by companies seeking to implement industry standards, such as those at issue in the FTC's case against Rambus. You can dowload the paper at this link.

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FTC Responds to Native Essence Lawsuit PDF Print E-mail
Written by Skip Oliva   
Thursday, 31 July 2008 19:42

The Federal Trade Commission acknowledged that it is trying to extort money from Native Essence Herb Company and its co-owners, Mark and Marianne Hershiser, in court documents filed today by nine FTC and U.S. Department of Justice attorneys. The FTC claimed it is within its legal rights to demand money from the Hershisers and that the couple's lawsuit against the FTC to protect its First Amendment rights should be dismissed for lack of jurisdiction.

Last Updated ( Tuesday, 26 August 2008 10:19 )
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Stolt-Nielsen Wins FOIA Appeal PDF Print E-mail
Written by Skip Oliva   
Thursday, 31 July 2008 10:29

The Department of Justice may be forced to disclose details regarding hundreds of pardons granted to corporations over the past 15 years after a three-judge panel of the D.C. Circuit Court of Appeals last week reinstated a Freedom of Information Act lawsuit brought by a former pardon recipient, Stolt-Nielsen Transportation Group Ltd.

Last Updated ( Thursday, 31 July 2008 10:33 )
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Kavanaugh Blasts Whole Foods Decision PDF Print E-mail
Written by VoluntaryTrade.org Staff   
Tuesday, 29 July 2008 19:05

Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit issued a blistering dissent today in Federal Trade Commission v. Whole Foods Market, Inc., dismissing the FTC's case and the majority opinion as "a relic of a bygone era when antitrust law was divorced from basic economic principles." Kavanaugh's dissent sends a strong signal that the full D.C. Circuit should review the divided panel decision -- and ultimately land the case before the U.S. Supreme Court.

Last Updated ( Tuesday, 29 July 2008 20:25 )
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Judges Back FTC Over Whole Foods PDF Print E-mail
Written by VoluntaryTrade.org Staff   
Tuesday, 29 July 2008 11:20

Arlington, Virginia (July 29, 2008) -- Two judges of the U.S. Court of Appeals in Washington DC abruptly reversed an earlier decision by the same court that allowed Whole Foods Markets, Inc., to complete its acquisition of Wild Oats Markets, Inc., over the objections of the Federal Trade Commission. In a series of opinions issued today, the D.C. Circuit now said it was wrong for a district court judge to deny the FTC's demand for a preliminary injunction to prevent the now-completed merger pending an FTC-controlled administrative hearing.

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Documents Detail FTC Extortion PDF Print E-mail
Written by Skip Oliva   
Monday, 30 June 2008 20:49

The assistant director of the Federal Trade Commission's San Francisco office threatened to confiscate the business and personal assets of Mark and Marianne Hershiser if they did not sign a false confession and surrender the revenues from their small herb and herbal remedy business, according to documents published in connection with the Hershisers' First Amendment lawsuit against the FTC.

Last Updated ( Saturday, 05 July 2008 14:27 )
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Suggested Reading

Antitrust: The Case for Repeal
Dominick T. Armentano
2nd ed. 1999
Purchase from Mises.org

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Markets Don't Fail!
Brian P. Simpson
2005
Purchase
from Amazon

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The Antitrust Religion
Edwin S. Rockefeller
2007
Purchase from Cato.org
Read the review

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Winners, Losers & Microsoft
Liebowitz & Margolis
1999
Purchase from Independent Institute

 

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