The Archives

Everything written by Francisco Marcos on law, economics, and more

FTC’s Three-Pronged Zillow/Redfin Complaint Contends Semantics Don’t Erase Collusion

The details laid out in a recent complaint filed by the Federal Trade Commission (FTC) against internet listing services (ILS) Zillow and Redfin may conjure a sense of déjà vu for antitrust watchers: a nine-figure payment, a rival’s quiet retreat, and a contract that calls itself a “partnership” while disclaiming the name. Strip away the ... FTC’s Three-Pronged Zillow/Redfin Complaint Contends Semantics Don’t Erase Collusion

Truth Cartels? The DOJ’s Misguided Leap into Viewpoint Regulation

In a surprising move, the U.S. Justice Department’s (DOJ) Antitrust Division has thrown its weight behind a lawsuit that could reshape how courts—and antitrust enforcers—think about competition in digital media. The agency’s statement of interest filed last month in Children’s Health Defense v. Washington Post doesn’t merely take up the legal merits of a questionable ... Truth Cartels? The DOJ’s Misguided Leap into Viewpoint Regulation

Merger Control or Political Tool? Lessons from Spain’s Attempt to Stall the Sabadell Merger

The Spanish government has approved BBVA’s hostile takeover bid for Banco Sabadell but as I anticipated in an earlier Truth on the Market post, it did so while imposing stringent conditions. Both banks will be required to maintain separate legal identities, management, and operations for at least three years, potentially extendable to five. These conditions ... Merger Control or Political Tool? Lessons from Spain’s Attempt to Stall the Sabadell Merger

How Spain Is Politely Killing a Bank Merger

Rather than moving to formally block Banco Bilbao Vizcaya Argentaria’s (BBVA) proposed acquisition of Banco Sabadell, the Spanish government is signaling that it is prepared to attach such a broad set of conditions—justified in vague terms as serving the “public interest”—that the deal would likely collapse under its own weight. It’s a kind of regulatory ... How Spain Is Politely Killing a Bank Merger