The Ball-Rexam merger: The case for a competitive can market
A number of blockbuster mergers have received (often negative) attention from media and competition authorities in recent months. From the recently challenged Staples-Office Depot merger to the abandoned Comcast-Time Warner merger to the heavily scrutinized Aetna-Humana merger (among many others), there has been a wave of potential mega-mergers throughout the economy—many of them met with ... The Ball-Rexam merger: The case for a competitive can market
ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
Today the International Center for Law & Economics (ICLE) submitted an amicus brief to the Supreme Court of the United States supporting Apple’s petition for certiorari in its e-books antitrust case. ICLE’s brief was signed by sixteen distinguished scholars of law, economics and public policy, including an Economics Nobel Laureate, a former FTC Commissioner, ten ... ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
Truth on the Market welcomes our newest blogger, Joanna Shepherd
Truth on the Market is delighted to welcome our newest blogger, Joanna Shepherd. Joanna is a Professor of Law at Emory School of Law and holds an adjunct position in the Emory Economics Department (where she also earned her PhD). At the law school she teaches Torts, Law and Economics, Analytical Methods for Lawyers, and ... Truth on the Market welcomes our newest blogger, Joanna Shepherd
The competitive implications of the Affordable Care Act for health insurance merger review
Last week concluded round 3 of Congressional hearings on mergers in the healthcare provider and health insurance markets. Much like the previous rounds, the hearing saw predictable representatives, of predictable constituencies, saying predictable things. The pattern is pretty clear: The American Hospital Association (AHA) makes the case that mergers in the provider market are good ... The competitive implications of the Affordable Care Act for health insurance merger review
The FCC distorted market realities to scuttle the Comcast-TWC merger
Last week, FCC General Counsel Jonathan Sallet pulled back the curtain on the FCC staff’s analysis behind its decision to block Comcast’s acquisition of Time Warner Cable. As the FCC staff sets out on its reported Rainbow Tour to reassure regulated companies that it’s not “hostile to the industries it regulates,” Sallet’s remarks suggest it will ... The FCC distorted market realities to scuttle the Comcast-TWC merger
Suprema v. ITC: The Case for Chevron Deference
Recently, the en banc Federal Circuit decided in Suprema, Inc. v. ITC that the International Trade Commission could properly prevent the importation of articles that infringe under an indirect liability theory. The core of the dispute in Suprema was whether § 337 of the Tariff Act’s prohibition against “importing articles that . . . infringe ... Suprema v. ITC: The Case for Chevron Deference
The essence of Josh Wright’s FTC tenure was to ensure that benefits outweigh costs; the rest is commentary
As the organizer of this retrospective on Josh Wright’s tenure as FTC Commissioner, I have the (self-conferred) honor of closing out the symposium. When Josh was confirmed I wrote that: The FTC will benefit enormously from Josh’s expertise and his error cost approach to antitrust and consumer protection law will be a tremendous asset to ... The essence of Josh Wright’s FTC tenure was to ensure that benefits outweigh costs; the rest is commentary
FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the FTC Act. The Statement of Enforcement Principles represents a significant victory for Commissioner Joshua Wright, who has been a tireless advocate for ... FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
ICLE and leading academics file amicus brief urging the court to overturn the FCC’s illegal net neutrality order
Yesterday, the International Center for Law & Economics, together with Professor Gus Hurwitz, Nebraska College of Law, and nine other scholars of law and economics, filed an amicus brief in the DC Circuit explaining why the court should vacate the FCC’s 2015 Open Internet Order. A few key points from ICLE’s brief follow, but you can read a longer summary ... ICLE and leading academics file amicus brief urging the court to overturn the FCC’s illegal net neutrality order
The 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning
On Thursday I will be participating in an ABA panel discussion on the Apple e-books case, along with Mark Ryan (former DOJ attorney) and Fiona Scott-Morton (former DOJ economist), both of whom were key members of the DOJ team that brought the case. Details are below. Judging from the prep call, it should be a ... The 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning
Passive Resistance and Contributory Liability
If you haven’t been following the ongoing developments emerging from the demise of Grooveshark, the story has only gotten more interesting. As the RIAA and major record labels have struggled to shut down infringing content on Grooveshark’s site (and now its copycats), groups like EFF would have us believe that the entire Internet was at ... Passive Resistance and Contributory Liability
Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same
The FTC recently required divestitures in two merger investigations (here and here), based largely on the majority’s conclusion that [when] a proposed merger significantly increases concentration in an already highly concentrated market, a presumption of competitive harm is justified under both the Guidelines and well-established case law.” (Emphasis added). Commissioner Wright dissented in both matters ... Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same
