Showing results for: “"whole foods"”
Whole Foods Remand Update
From the Blog of Legal Times: Yesterday, Friedman sided with the FTC’s interpretation of the D.C. Circuit’s three-way opinion. He will limit his role on remand, which is exactly what lawyers for the FTC said the D.C. Circuit wanted. The Whole Foods lawyers—including Dechert partners Paul Friedman (not the judge) and Paul Denis—urged Friedman to ... Whole Foods Remand Update
Interim Final Rules Amending Parts III and IV Rules of FTC Rules of Practice Issued
The FTC announced today that it has approved a notice adopting interim final rules amending Parts III and IV of its rules of practice. As boring as that sound, this is a big deal. Here is the Federal Register notice. There are a number of changes, for instance, deadlines are imposed to expedite the pre-hearing ... Interim Final Rules Amending Parts III and IV Rules of FTC Rules of Practice Issued
Whole Foods Brings It
“Now for the evidence,” said the King. “And then the sentence.” “No!” said the Queen. “First the sentence, and then the evidence.” So goes a famous passage of Lewis Carroll’s Alice in Wonderland. And so begins Whole Foods’ new lawsuit against the Federal Trade Commission. In the lawsuit, filed yesterday in federal court in D.C., ... Whole Foods Brings It
The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en banc could turn out poorly: Either the court would grant the motion and correct the panel’s mistakes, or the court would deny the motion, setting up an attractive opportunity for ... The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Reverse Payments Ripe for Cert?
The Federal Circuit came down on the side of rule of reason analysis, and no liability, in a reverse payment case in Cipro (HT: Antitrust Review and Patently-O): Since there was no basis for the district court to confidently predict that the Agreements at issue here would be found to be unlawful under a rule ... Reverse Payments Ripe for Cert?
Antitrust Links
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 ... Antitrust Links
Welcome D.C. Circuit Law Clerks to our Whole Foods Coverage
Our friends at Antitrust Review point to the Petition for Rehearing En Banc in Whole Foods. As readers of the blog will know, Geoff and Thom have been exhaustively covering the Whole Foods litigation. Now, their latest efforts have been cited by the parties in the Petition (see n. 1) as leading examples of the ... Welcome D.C. Circuit Law Clerks to our Whole Foods Coverage
Why Antitrust?
As the start of the new academic year inches closer, and students are deciding what courses to take, I thought I’d give a little plug to antitrust law. I’ve seen enrollment in antitrust courses vary dramatically over the past 10 years or so since I was a student and now as a professor. I certainly ... Why Antitrust?
The Price of Merger Approval and Triple Federal Enforcement
Geoff and Thom (see the comments) continue to have the Whole Foods litigation covered. I don’t and can’t have anything to add to their comments about the particulars of the litigation. I will note, playing off my previous post on bad case law out there looking to be overturned, that there is significant demand for ... The Price of Merger Approval and Triple Federal Enforcement
The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"
The DC Circuit has reversed the district court in the Whole Foods case. The opinion is here. [HT: Danny Sokol] As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review. I wouldn’t be surprised if Thom is disappointed with the ... The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"
Interesting Panel on FTC Merger Litigation — June 5
Antitrusters in D.C. ought to head to the National Press Club at noon on Thursday, June 5. At that time, the Federalist Society’s Corporations, Securities, and Antitrust Practice Group will host a panel discussion entitled Assessing Recent FTC Merger Litigation: One Win, One Loss, One Tie. Here’s a description of the event: The Federal Trade ... Interesting Panel on FTC Merger Litigation — June 5
Barnett on Sirius-XM
The Washington Post is reporting that the long-embattled Sirius/XM merger has received DOJ approval (FCC approval still pending) (HT: David Fischer). About time, I’d say (it’s been two years). See all of the ToTM posts on the topic here. Opposition to this merger has been rooted in what, to me, is a tortured conception of ... Barnett on Sirius-XM
