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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

Competition for the Field, Sirius/XM and Shelf Space

Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex ante competition, or “competition for the field,” in the form of payments to automobile manufacturers to adopt their services. Geoff thinks the DOJ’s press release contains some funny language appearing ... Competition for the Field, Sirius/XM and Shelf Space

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

Some Antitrust Links

The new Global Competition Policy online magazine contains some insightful commentary on the Google/ Doubleclick clearance, critical loss analysis in Whole Foods (from Kevin Murphy and Robert Topel) and more generally (from Greg Werden), as well as competing reactions to the Intel antitrust allegations … The Supreme Court did not grant cert in Microsoft v. ... Some Antitrust Links

The Whole Foods Appeal — Wrong, but Maybe Good.

The FTC has filed its primary appellate brief in the Whole Foods case. In essence, the brief asserts two claims: that the district court evaluated the Commission’s request for a preliminary injunction under an overly stringent legal standard, and that the court improperly discounted the Commission’s evidence that a Whole Foods/Wild Oats merger would reduce ... The Whole Foods Appeal — Wrong, but Maybe Good.

Free to Choose (and Market) Clone-Free

The FDA has determined that milk and meat from some cloned animals (cattle, swine, and goats) is safe to eat. It has therefore lifted a moratorium on such products. But don’t expect to see milk and meat from cloned animals in your local grocery store. Cloning is incredibly expensive, so cloned animals would almost certainly ... Free to Choose (and Market) Clone-Free

My Nomination for TOTM Post of the Year

If traffic and number of comments are any indication, this one from Geoff on the antitrust analysis of the Whole Foods/ Wild Oats merger certainly attracted the most attention. Its been a fun year of of blogging.  Thanks to all of the TOTM bloggers, guests, commenters, and readers for making it so interesting!  Happy New ... My Nomination for TOTM Post of the Year

Froeb on Economics in Whole Foods

Here’s a taste of the reaction of former FTC Bureau of Economics Director Luke Froeb to some of the economic analysis in the recent Whole Foods merger case: The heavily redacted court documents refer to entry “experiments” to determine the degree of substitution between the two merging stores. We found the following on the Whole ... Froeb on Economics in Whole Foods