Showing results for: “digital markets act”
My Take on Credit Suisse . . .
is here, over at eCCP, and differs somewhat from Thom’s. The takeway excerpt is: Credit Suisse has important implications for antitrust practice. The decision’s effect is to narrow the scope of antitrust law and to invite efforts by regulated industries to narrow it still further. The court’s “clearly incompatible†standard is new and (though it ... My Take on Credit Suisse . . .
Dr. Miles (1911-2007)
So Dr. Miles is dead. May he rest in peace. No great surprises in the majority opinion in Leegin. Justice Kennedy, quite rightly, emphasized points we have asserted numerous times on this blog. Most notably: The per se rule should be reserved for practices that are always, or almost always, anticompetitive. The common law nature ... Dr. Miles (1911-2007)
Whole Foods: Where's the [premium, natural and organic] beef?
John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that prompted the FTC’s action. But most amazing of all is this comment: The claims that the FTC makes in the above two paragraphs [from the FTC press release] are simply ... Whole Foods: Where's the [premium, natural and organic] beef?
Credit Suisse and "Sector Regulation": SCOTUS Picks the Right Poison
In Monday’s Credit Suisse v. Billing decision, the Supreme Court held that the federal securities laws implicitly precluded the application of antitrust law to the defendants’ alleged misconduct. The plaintiffs, buyers of newly issued securities, had accused the defendants, underwriting firms that had collectively marketed and distributed those securities, of violating Section 1 of the ... Credit Suisse and "Sector Regulation": SCOTUS Picks the Right Poison
FTC's Whole Foods complaint: still bulls**t
As Manfred reports over at the Antitrust Review, the judge has unsealed the FTC’s complaint against Whole Foods. This unredacted version reveals an unhealthy reliance on hot docs by the FTC’s staff. I won’t belabor the point. But when you’re looking at marketing materials and reports to the board to identify anticompetitive intent (hmmm. I ... FTC's Whole Foods complaint: still bulls**t
Activist hedge funds hurt credit quality
The Financial Times reports today on a Moody’s study that finds “[a]ctivist hedge funds and other short-term shareholders are almost always bad for the credit quality of their target companies . . . .” (See here for the FT article). I’m interested in reading the Moody’s study but have been unable to find it online. ... Activist hedge funds hurt credit quality
PIPEs
I recently posted on SSRN one of the two articles I have committed to write for the Entrepreneurial Business Law Journal. It’s entitled PIPEs (note that I went with a “micro-title†and successfully resisted the urge (at least for now) of being “very punny,” e.g., PIPE bomb, Sewer PIPE, Burst PIPE, Smoking PIPE, PIPEline . ... PIPEs
Premium natural and organic bulls**t
It appears that the FTC is moving to stop the proposed Whole Foods/Wild Oats merger. Says the FTC: If Whole Foods is allowed to devour Wild Oats, it will mean higher prices, reduced quality, and fewer choices for consumers [in the premium natural and organic supermarkets market]. That is a deal consumers should not be ... Premium natural and organic bulls**t
Media Consolidation and Antitrust
One of the more interesting parts of Senator Herbert Kohl’s recent Antitrust interview, in which he also discussed airline mergers, concerned antitrust’s treatment of media consolidation. Here’s what the Senator had to say: It’s such a very important issue, media consolidation, because it has the potential to reduce if not eliminate the opportunities people have ... Media Consolidation and Antitrust
More Kookiness in Chicago
I’ve previously tiraded about paternalism in my beloved Chicago. I won’t beat that dead horse, but I just can’t ignore the latest liberty restriction imposed by our esteemed aldermaniacs. The members of the aldermen’s Buildings Committee recently voted to extend the city’s smoking ban to performers in theatrical productions. What a freakin’ embarrassment. The aldermen ... More Kookiness in Chicago
Slopping Wordsmithing by the WSJ or Bad Corporate Governance?
As we know, News Corp. has made a bid for Dow Jone, offering $60/sh for the outstanding Dow Jones stock.  The Bancroft family, however, who controls at least a majority of the Dow Jones voting stock, has indicated clearly that it will not vote in favor of this offer, such that the offer, as it currently ... Slopping Wordsmithing by the WSJ or Bad Corporate Governance?
FTC Grocery Antitrust Conference
The FTC’s Bureau of Economics has scheduled a conference that looks very interesting and concerns a subject near and dear to my heart: antitrust in the supermarket! Sadly, I will not be able to attend as I am going to take a little bit of a paper grading/ battery re-charge vacation for the next few ... FTC Grocery Antitrust Conference
