Antitrust Links

Josh Wright —  28 August 2008
  • Luke Froeb (and the WSJ) on learning about potentially anticompetitive mergers from false negatives
  • The Onion does antitrust (its a bit old, but still quite funny)
  • Rumors of Microsoft investigation in China pickup again …
  • Antitrust Review links to the petition for rehearing en banc and motion to disqualify the Commission as the administrative law judge in Whole Foods
  • More on Whole Foods from The Deal:

The purpose of Rosch setting the trial schedule would be to make sure the Whole Foods case proceeds at a rapid clip. But it’s not clear how much leeway the ALJ would have to adjust Rosch’s schedule or whether the judge would feel bound to abide by it anyway. Additionally, a final decision could bog down even if the ALJ sticks to Rosch’s timetable. Even though FTC rules ostensibly require the ALJ to file an opinion within a set time period, the judge can claim extension for extra time to complete writing, without seeking approval from the commission.  Meanwhile, a parallel proceeding regarding the Whole Foods case continues in federal appeals court. The FTC is waiting to hear whether it will be asked to file a reply to Whole Foods’ request for a rehearing by the entire circuit court. Whole Foods lawyers Tuesday asked the U.S. Court of Appeals for the District of Columbia Circuit to review the July 29 decision by a three-judge panel of the circuit court. Their ruling encouraged the FTC to jumpstart its in-house case. The FTC doesn’t automatically get to reply; the agency has to wait for an invitation from the appeals court. A request for a reply, however, would likely be evidence that the appeals court is seriously considering a rehearing, which the FTC would surely oppose.