17 Million Pairings, Zero Proof
The Federal Trade Commission’s (FTC) lawsuit against Southern Glazer’s Wine & Spirits looks increasingly like a case in search of both a theory—and the facts to support it. In FTC v. Southern Glazer’s Wine & Spirits, the FTC alleges that the distributor violated the Robinson-Patman Act by offering better prices to some retailers than others, ... 17 Million Pairings, Zero Proof
When Antitrust Meets National Security and Gets It Right
For months, the antitrust bar has focused on Hewlett Packard Enterprise’s proposed merger with Juniper Networks. Critics—including several state attorneys general—argue that the U.S. Department of Justice (DOJ) approved a modified deal for political reasons, rather than on the merits of the antitrust and national security analysis. Ongoing Tunney Act proceedings tell a different story. ... When Antitrust Meets National Security and Gets It Right
Fraud, PBMs, and the Cost of Looking the Other Way
Last month, the U.S. House Judiciary Committee released an interim staff report examining CVS Health’s relationships with digital pharmacy services. Led by Chairman Jim Jordan (R-Ohio), the report takes aim at a core policy concern: rising health-care costs. It frames competition and innovation as central tools for addressing those costs, a welcome emphasis in a ... Fraud, PBMs, and the Cost of Looking the Other Way
The Right Approach to Reviewing Netflix-Warner Bros
Ahead of tomorrow’s Senate Judiciary Antitrust Subcommittee hearing, a group of former federal antitrust enforcers sent an open letter to the U.S. Justice Department (DOJ) and the full Judiciary Committee urging a consumer-welfare-focused review of the proposed Netflix–Warner Bros. Discovery merger. The letter rejects the progressive analytical framework advanced during the prior administration and calls ... The Right Approach to Reviewing Netflix-Warner Bros
How the White House’s AI Action Plan Could End Antitrust Overreach
The AI Action Plan unveiled in July by President Donald Trump could mark a turning point for U.S. antitrust policy. By directing the Federal Trade Commission (FTC) to prioritize innovation, the plan offers a historic opportunity to lift onerous regulatory burdens, restore measured enforcement, and repudiate the overreaches of former FTC Chair Lina Khan’s regime. ... How the White House’s AI Action Plan Could End Antitrust Overreach
From A to Y: Antitrust Notes from the ABA and Y Combinator
April 4 marked the end of a notable week in global competition policy. The American Bar Association’s (ABA) Antitrust Section held its annual spring meeting, while Y Combinator hosted a virtual “Little Tech Competition Summit.” At the same time, Congress held two competition hearings, the U.S. Justice Department (DOJ) hosted an event on competition and ... From A to Y: Antitrust Notes from the ABA and Y Combinator
Prudence and Precedent Counsel Modest Remedies in Google Search Case
Later this fall, the U.S. District Court for the District of Columbia will hold hearings to determine the proper remedy in the Google search case. Among other options, the court could restrict Google’s ability to sign exclusive distribution contracts, force it to share data with competitors, or even break Google apart into two or more ... Prudence and Precedent Counsel Modest Remedies in Google Search Case
FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions
As former antitrust enforcers and alumni of the Federal Trade Commission (FTC), we are pleased to submit these comments to the FTC and U.S. Justice Department’s (DOJ) Antitrust Division (DOJ) in response to your Request for Information on Corporate Consolidation Through Serial Acquisitions and Roll-Up Strategies (RFI). We have devoted significant portions of our careers ... FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions
