Showing results for: “sirius xm merger”
Judge Ginsburg: On the Proposed Digital Markets Unit and the UK’s Competition and Markets Authority
Thank you, Victoria, for the invitation to respond to Mr. Coscelli and his proposal for a legislatively founded Digital Markets Unit. Mr. Coscelli is one of the most talented, successful, and creative heads a competition agency has ever had. In the case of the DMU [ed., Digital Markets Unit], however, I think he has let ... Judge Ginsburg: On the Proposed Digital Markets Unit and the UK’s Competition and Markets Authority
FTC Moves Closer Toward Ex Ante Merger Regulation
The Federal Trade Commission (FTC) has taken another step away from case-specific evaluation of proposed mergers and toward an ex ante regulatory approach in its Oct. 25 “Statement of the Commission on Use of Prior Approval Provisions in Merger Orders.” Though not unexpected, this unfortunate initiative once again manifests the current FTC leadership’s disdain for ... FTC Moves Closer Toward Ex Ante Merger Regulation
5 Thoughts on the Senate’s Proposed Platform Self-Preferencing Ban
A bipartisan group of senators unveiled legislation today that would dramatically curtail the ability of online platforms to “self-preference” their own services—for example, when Apple pre-installs its own Weather or Podcasts apps on the iPhone, giving it an advantage that independent apps don’t have. The measure accompanies a House bill that included similar provisions, with ... 5 Thoughts on the Senate’s Proposed Platform Self-Preferencing Ban
Why There Needs to Be More, not Less, Consolidation in Video Streaming
Slow and inadequate oversight risks the streaming market going the same route as cable—where consumers have little power, few options, and where consolidation and concentration reign supreme. A number of threats to competition are clear, as discussed in this section, including: (1) market power issues surrounding content and (2) the role of platforms in “gatekeeping” ... Why There Needs to Be More, not Less, Consolidation in Video Streaming
Khan’s ‘Vision and Priorities for the FTC’ Statement Lacks Humility and Strategic Insight
Federal Trade Commission (FTC) Chair Lina Khan’s Sept. 22 memorandum to FTC commissioners and staff—entitled “Vision and Priorities for the FTC” (VP Memo)—offers valuable insights into the chair’s strategy and policy agenda for the commission. Unfortunately, it lacks an appreciation for the limits of antitrust and consumer-protection law; it also would have benefited from greater ... Khan’s ‘Vision and Priorities for the FTC’ Statement Lacks Humility and Strategic Insight
Using the Hypothetical Monopolist Test to Define the Relevant Market for Ad Tech
Policymakers’ recent focus on how Big Tech should be treated under antitrust law has been accompanied by claims that companies like Facebook and Google hold dominant positions in various “markets.” Notwithstanding the tendency to conflate whether a firm is large with whether it hold a dominant position, we must first answer the question most of ... Using the Hypothetical Monopolist Test to Define the Relevant Market for Ad Tech
Technology Mergers and the Market for Corporate Control
In recent years, a growing chorus of voices has argued that existing merger rules fail to apprehend competitively significant mergers, either because they fall below existing merger-filing thresholds or because they affect innovation in ways that are purportedly ignored. These fears are particularly acute in the pharmaceutical and tech industries, where several high-profile academic articles ... Technology Mergers and the Market for Corporate Control
FTC Antitrust Enforcement and the Rule of Law
The language of the federal antitrust laws is extremely general. Over more than a century, the federal courts have applied common-law techniques to construe this general language to provide guidance to the private sector as to what does or does not run afoul of the law. The interpretive process has been fraught with some uncertainty, ... FTC Antitrust Enforcement and the Rule of Law
For Scotch Whisky, Age Is Just A Number
For a potential entrepreneur, just how much time it will take to compete, and the barrier to entry that time represents, will vary greatly depending on the market he or she wishes to enter. A would-be competitor to the likes of Subway, for example, might not find the time needed to open a sandwich shop ... For Scotch Whisky, Age Is Just A Number
The Klobuchar Bill’s Not-So-Bright Lines for Antitrust Scrutiny
In a recent op-ed, Robert Bork Jr. laments the Biden administration’s drive to jettison the Consumer Welfare Standard that has formed nearly half a century of antitrust jurisprudence. The move can be seen in the near-revolution at the Federal Trade Commission, in the president’s executive order on competition enforcement, and in several of the major ... The Klobuchar Bill’s Not-So-Bright Lines for Antitrust Scrutiny
Antitrust Statutorification
A lot of water has gone under the bridge since my book was published last year. To close this symposium, I thought I would discuss the new phase of antirust statutorification taking place before our eyes. In the United States, Congress is working on five antitrust bills that propose to subject platforms to stringent obligations, ... Antitrust Statutorification
A First Glance at the Biden Executive Order on Competition: The Good and the Bad (Including Much that Looks Ugly)
The Biden Administration’s July 9 Executive Order on Promoting Competition in the American Economy is very much a mixed bag—some positive aspects, but many negative ones. It will have some positive effects on economic welfare, to the extent it succeeds in lifting artificial barriers to competition that harm consumers and workers—such as allowing direct sales ... A First Glance at the Biden Executive Order on Competition: The Good and the Bad (Including Much that Looks Ugly)
