-Caveat Lector- http://tompaine.com/feature.cfm?ID=5010
The Angry Commissioner Statement Of FTC Commissioner Mozelle W. Thompson Mozelle W. Thompson was sworn in as a Commissioner on the Federal Trade Commission in 1997. A life-long public servant and teacher, he has held positions at the Treasury Department, the International Marketing Supervision Network, the Organization for Economic Cooperation and Development, the New York State Finance Agency, Fordam's School of Law, and Princeton's Woodrow Wilson School of Public and International Affairs. Editor's Note: What follows is a statement from FTC Commissioner Mozelle W. Thompson concerning the January 17, 2002 Memorandum of Agreement Between The Federal Trade Commission and the Antitrust Division of the United States Department of Justice Concerning Clearance Procedures for Investigations. At a press conference today, Chairman [Timothy] Muris announced an Agreement that redefines how the Federal Trade Commission and the Antitrust Division of the Department of Justice will allocate the review of future antitrust matters. Under the claim that the Agreement will streamline the federal government's review of antitrust matters, the Agreement reallocates by industry the agencies' antitrust review responsibilities. While generally I favor interagency agreements that enhance the speed and efficiency of case processing, today's announced Agreement raises substantial concerns. First, redefining the Commission's future antitrust responsibility raises weighty issues that warrant close attention from each Commissioner in order to ensure that the public interest is adequately protected. Rather than simply codifying or clarifying the existing merger review responsibilities, the Agreement alters which agency will have primary responsibility for investigating both mergers and other anticompetitive practices in certain industries. I believe that the changes embodied in the Agreement exceed merely administrative responsibilities and go to the core of the agency's mission. Such an important change demands careful consideration by each of the five Commissioners. The Agreement announced today is the product of private discussions between Chairman Muris and Assistant Attorney General James. Chairman Muris failed to consult with, or provide meaningful opportunity for, other Commissioners to provide any input. In fact, I was not even provided with a copy of the completed Agreement until immediately before Chairman Muris executed the Agreement on behalf of the Commission. This lack of transparency makes it difficult for the other four Commissioners to discharge their obligation to determine whether consumers will actually benefit from such a significant change at this agency. I am disappointed that the Commissioners were not invited to participate in this public policy decision that so profoundly shapes the future of the Commission. Second, I am also concerned about the substance of this private "horse trading" because it may deprive consumers of the benefit of the Commission's independence, expertise, and knowledge. The Commission is an independent, nonpartisan body made up of five presidential appointees with varied expertise and professional experiences. I believe these perspectives have led to significant, positive agency actions in dynamic "new economy" industries that presented novel antitrust issues. But Chairman Muris's Agreement would transfer the Commission's jurisdiction in publishing, media, entertainment, computer software, and Internet-related industries to the Department of Justice, thereby consolidating responsibility for the review of all matters relating to media content in the Department of Justice. This transfer will deprive the public of the benefit of the Commission's recent experience in matters such as: AOL/Time Warner In the Matter of America Online, Inc. and Time Warner Inc., Docket No. C-3989 (Consent accepted December 14, 2000) (broadband), Random House In the Matters of Harper & Row et al., Docket Nos. 9217-9222 (Order dismissing administrative complaints September 20, 1996) (book publishing), MSC.Software In the Matter of MSC.Software Corporation, Docket No. 9299 (Administrative complaint filed October 10, 2001) (computer-aided engineering software), Hearst FTC v. The Hearst Trust et al., Civ. No. 1:01CV00734 (D.D.C. 2001) (pharmaceutical databases), Sony In the Matters of Sony Music Entertainment, Inc. et al., Docket Nos. C-3971-3975 (Consents accepted May 10, 2000) (compact disc cooperative pricing policies), and Time Warner/EMI Time Warner's proposed acquisition of EMI in 2000 (Abandoned during the Commission's investigation) (pre-recorded music). Because Chairman Muris failed to apprise his fellow Commissioners of the existence of his discussions, negotiations, and industry allocations until three days ago, I have not fully appraised the impact of the shifts on the Commission's de facto jurisdiction. Moreover, the public will also lose the full potential of synergies arising from other ongoing related Commission activities that encompass: law enforcement investigations in Internet fraud cases; Internet privacy policy workshops and studies; advertising enforcement activity in the media space; and public workshops in cutting-edge areas (such as the June, 2000 Business-to-Business Electronic Marketplaces Workshop). In summary, I am disappointed that the Commissioners were not invited to participate in this public policy decision that so profoundly shapes the future of the Commission. The lack of transparency in the negotiation and summary execution of matters as important as those covered in the Agreement may have compromised my responsibility to the public to give thorough and careful consideration to matters that will have an important impact on all consumers. However, my greater fear is that it may have compromised opportunities for independent consideration of important antitrust matters and how America will grow. Published: Jan 18 2002 <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. 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