 Leibowitz has supported the use of Section 5 of the FTC Act ("unfair methods of competition") beyond the Sherman Act in standard setting cases and in a case involving a failed agreement to fix prices.With Commissioner J. Thomas Rosch (a Republican) and Commissioner Pamela Jones Harbour (an Independent), Leibowitz recently criticized a Department of Justice Report on monopolization, saying that DoJ's approach placed "a thumb on the scales in favor of firms with monopoly or near-monopoly power and against other equally significant stakeholders.