Showing results for: “digital markets act”
"Standardizing" the Horizontal Merger Guidelines
I’m confident that my esteemed colleagues, who have far more expertise about the merger guidelines than I, will offer all sorts of terrific ideas for revising the substance of the guidelines. While I would certainly advocate a few specific changes (i.e., revise the HHI thresholds to reflect actual agency practice), I’ll leave the devilish details ... "Standardizing" the Horizontal Merger Guidelines
Of Prices and Price Gouging
Price gouging regulations (PGRs) have been a popular topic of late in the blogosphere, particularly in the wake of increased post-Katrina (and Rita) gasoline prices. Becker and Posner make the now familiar economic case against PGRs here and here. The basic economic argument against PGRs is well tread ground which I will not repeat here. ... Of Prices and Price Gouging
The counterproductive effects of SOX and Dodd-Frank
Much significant regulation has been inflicted on the financial markets over the last decade with little regard for evidence of whether the regulation is likely to accomplish its intended purpose. A couple of recent studies on SOX and Dodd-Frank suggest that at least some of this regulation has made things worse. Kim and Lu, Unintended Consequences ... The counterproductive effects of SOX and Dodd-Frank
The FTC UMC Roundup–A Weekly Review
Welcome to the FTC UMC Roundup, our new weekly update of news and events relating to antitrust and, more specifically, to the Federal Trade Commission’s (FTC) newfound interest in “revitalizing” the field. Each week we will bring you a brief recap of the week that was and a preview of the week to come. All ... The FTC UMC Roundup–A Weekly Review
Antitrust Canons
Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat. I took a stab at a reading list which I believe meet’s Matt’s criteria: articles that are essential to doing antitrust scholarship. My long, but embarrassingly underinclusive list, is below the fold. In particular, I have left out a good deal ... Antitrust Canons
Ghosts of Antitrust Past: Part 4 (Microsoft)
The DOJ and 20 state AGs sued Microsoft on May 18, 1998 for unlawful maintenance of its monopoly position in the PC market. The government accused the desktop giant of tying its operating system (Windows) and its web browser (Internet Explorer). Microsoft had indeed become dominant in the PC market by the late 1980s: But ... Ghosts of Antitrust Past: Part 4 (Microsoft)
Regulating Local Food Out of the Market
The Nanny Brigade has once again descended on the Windy City. It previously sought to protect us from unhealthy trans fats, smoking in private establishments that we voluntarily patronize, and those oh-so-offensive theatrical depictions of smoking. The Nannies are now working to protect Chicago’s well-heeled from risks associated with the locally produced, artisanal sausages sold ... Regulating Local Food Out of the Market
Critics of health insurance mergers misapply the evidence and misinterpret the market
As regulatory review of the merger between Aetna and Humana hits the homestretch, merger critics have become increasingly vocal in their opposition to the deal. This is particularly true of a subset of healthcare providers concerned about losing bargaining power over insurers. Fortunately for consumers, the merger appears to be well on its way to ... Critics of health insurance mergers misapply the evidence and misinterpret the market
The New Merger Guideline Commandments: Thirteen is an Unlucky Number
Introduction On July 19, the Department of Justice (DOJ) and Federal Trade Commission (FTC) (the agencies) finally issued new draft Merger Guidelines (DMG), open to public comments for two months. The DMG embody a set of thirteen individual Guidelines, which “are not exhaustive of the ways that a merger may substantially lessen competition or tend ... The New Merger Guideline Commandments: Thirteen is an Unlucky Number
Delaware and the American Association of Law Schools
I had the opportunity to present Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice at the American Association of Law Schools conference session on Business Associations in January. It was an engaging experience that I found particularly fun as I am from Louisiana and used to live in New Orleans. The audience was ... Delaware and the American Association of Law Schools
PeaceHealth and De Facto Exclusive Dealing, Part III
Josh’s thoughtful response (Bitchslap? Nah.) to my post criticizing the Ninth Circuit’s recent Masimo decision raises a number of important matters. I started to just submit a comment to Josh’s post, but then I figured a reply was post-worthy. (I don’t want the antitrust nerds who read these technical posts — and here’s to you, ... PeaceHealth and De Facto Exclusive Dealing, Part III
ABA Antitrust Section Transition Report: A Respectful Critique
The American Bar Association Antitrust Section’s Presidential Transition Report (“Report”), released on January 24, provides a helpful practitioners’ perspective on the state of federal antitrust and consumer protection enforcement, and propounds a variety of useful recommendations for marginal improvements in agency practices, particularly with respect to improving enforcement transparency and reducing enforcement-related costs. It also ... ABA Antitrust Section Transition Report: A Respectful Critique
