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Showing results for:  “sirius xm merger”

Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.

A recent tweet by Lina Khan, discussing yesterday’s American Express decision, exemplifies an unfortunate trend in contemporary antitrust discourse.  Khan wrote: The economists cited by the Second Circuit (whose opinion SCOTUS affirms) for the analysis of ‘two-sided’ [markets] all had financial links to the credit card sector, as we point out in FN 4 [link ... Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.

Weekend reads: Big is bad edition

Big is bad, part 1: Kafka, Coase, and Brandeis walk into a bar … There’s a quip in a well-known textbook that Nobel laureate Ronald Coase said he’d grown weary of antitrust because when prices went up, the judges said it was monopoly; when the prices went down, they said it was predatory pricing; and ... Weekend reads: Big is bad edition

AT&T-Time Warner merger approved

AT&T’s merger with Time Warner has lead to one of the most important, but least interesting, antitrust trials in recent history. The merger itself is somewhat unimportant to consumers. It’s about a close to a “pure” vertical merger as we can get in today’s world and would not lead to a measurable increase in prices ... AT&T-Time Warner merger approved

More on a possible Comcast/Fox deal: Reports of the death of vertical mergers have been greatly exaggerated

A few weeks ago I posted a preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets. (Also available in pdf as an ICLE Issue brief, here). On the eve of Judge Leon’s decision in the AT&T/Time Warner merger case, it seems worthwhile to supplement that assessment by ... More on a possible Comcast/Fox deal: Reports of the death of vertical mergers have been greatly exaggerated

Problems with Proposed Solutions to the Common Ownership Problem

Even if institutional investors’ common ownership of small stakes in competing firms did cause some softening of market competition—a claim that is both suspect as a theoretical matter and empirically shaky—the policy solutions common ownership critics have proposed would do more harm than good. Einer Elhauge has called for public and private lawsuits against institutional ... Problems with Proposed Solutions to the Common Ownership Problem

A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets

As has been rumored in the press for a few weeks, today Comcast announced it is considering making a renewed bid for a large chunk of Twenty-First Century Fox’s (Fox) assets. Fox is in the process of a significant reorganization, entailing primarily the sale of its international and non-television assets. Fox itself will continue, but ... A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets

The Case for Doing Nothing: The ‘Problem’ of Common Ownership

As Thom previously posted, he and I have a new paper explaining The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms. Our paper is a response to cries from the likes of Einer Elhauge and of Eric Posner, Fiona Scott Morton, and Glen Weyl, who have called for various types ... The Case for Doing Nothing: The ‘Problem’ of Common Ownership

What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

Today would have been Henry Manne’s 90th birthday. When he passed away in 2015 he left behind an immense and impressive legacy. In 1991, at the inaugural meeting of the American Law & Economics Association (ALEA), Manne was named a Life Member of ALEA and, along with Nobel Laureate Ronald Coase, and federal appeals court ... What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms

One of the hottest antitrust topics of late has been institutional investors’ “common ownership” of minority stakes in competing firms.  Writing in the Harvard Law Review, Einer Elhauge proclaimed that “[a]n economic blockbuster has recently been exposed”—namely, “[a] small group of institutions has acquired large shareholdings in horizontal competitors throughout our economy, causing them to ... The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms

The illiberal vision of neo-Brandeisian antitrust

Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill Kovacic, Nicolas Petit, and Christine Caffarra also spoke. If we’re lucky Bruce will post his remarks on the FTC website; they were very ... The illiberal vision of neo-Brandeisian antitrust

The International Competition Network at Seventeen

Introduction Last week I attended the 17th Annual Conference of the International Competition Network (ICN) held in New Delhi, India from March 21-23.  The Delhi Conference highlighted the key role of the ICN in promoting global convergence toward “best practices” in substantive and procedural antitrust analysis by national antitrust (“competition”) agencies.  The ICN operates as ... The International Competition Network at Seventeen

Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary

On January 23rd, the Heritage Foundation convened its Fourth Annual Antitrust Conference, “Trump Antitrust Policy after One Year.”  The entire Conference can be viewed online (here).  The Conference featured a keynote speech, followed by three separate panels that addressed  developments at the Federal Trade Commission (FTC), at the Justice Department’s Antitrust Division (DOJ), and in ... Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary