Location, Location, Litigation: The Antitrust Fight Over Private Listings
In the late 1800s, real estate agents gathered at local associations to exchange information about the homes they were trying to sell. The intuitive logic was that the best way to make a sale was to spread the word. The real estate market has evolved considerably since then, but buyers and sellers, typically through their ... Location, Location, Litigation: The Antitrust Fight Over Private Listings
From Competition to Exclusion: Can Discounts Go Too Far?
When does a discount cross the line from competition to exclusion? That question now sits before a federal district court weighing the U.S. Justice Department’s (DOJ) antitrust case against Visa Inc. and its debit-card business, where Visa holds a 60% share. In the waning days of the Biden administration, on Sept. 24, 2024, the DOJ ... From Competition to Exclusion: Can Discounts Go Too Far?
From Discount to Discrimination: The Strange Economics of Anti-Competitive Antitrust
Antitrust has always been a strange regulatory enterprise. Businesses are largely free to engage in various commercial practices involving price, output, product design, distribution, research, and innovation—until they’re not. Outside the paradigmatic examples of explicit agreements among competitors to fix price and output, many business practices live in a gray zone. Whether a particular pricing ... From Discount to Discrimination: The Strange Economics of Anti-Competitive Antitrust
Evaluating the Sale of Warner Bros Discovery to Netflix from an Antitrust Perspective
Warner Bros. Discovery (WBD) has announced that it is selling its major assets to Netflix, including Warner Bros. Pictures (home of Harry Potter), DC Studios, and HBO Max. Netflix was chosen among a group of bidders that also included Paramount and Comcast. This post explores some of the antitrust issues and hurdles that a combined ... Evaluating the Sale of Warner Bros Discovery to Netflix from an Antitrust Perspective
The State of US Merger Policy and the Pending HPE/Juniper Trial
Now that the dust has settled on President Donald Trump’s antitrust appointments, we are witnessing greater clarity on the new administration’s priorities and focus. Despite the hand wringing over content moderation and tech-censorship inquiries, what may be missed are substantial changes that are happening in merger policy and enforcement. While not as headline grabbing as ... The State of US Merger Policy and the Pending HPE/Juniper Trial
Examining the DOJ’s Challenge to Hewlett Packard Enterprise’s Acquisition of Juniper
Hewlett Packard Enterprise (HPE) proposed a $14 billion deal in early 2024 to acquire Juniper Networks. HPE, it should be noted, is not the Hewlett Packard (HP) of printer and ink fame, as it was spun off from the larger HP corporation in 2015. Instead, HPE is, like Juniper, involved in connectivity—specifically, wireless technology, including ... Examining the DOJ’s Challenge to Hewlett Packard Enterprise’s Acquisition of Juniper
Assessing the Government’s Monopolization Case Against Visa
The U.S. Justice Department (DOJ) has initiated an antitrust monopolization case against Visa for various practices related to its debit-card services. The complaint centers on two primary theories of harm. The first is that Visa offers volume discounts in a manner that locks in merchant banks (or “acquirers”) into Visa’s debit-card network, which deprives rival ... Assessing the Government’s Monopolization Case Against Visa
The Silly Season in Antitrust: The Hermès Case
For six generations, Hermès has epitomized French luxury, making and selling its iconic scarves, belts, jewelry, and, of course, handbags. Some Hermès products, including its Birkin and Kelly bags, are so exclusive that they can’t be bought off the shelf. Customers first have to establish a relationship with the house to purchase these specialty bags. ... The Silly Season in Antitrust: The Hermès Case
Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics
After much anticipation, the Department of Justice Antitrust Division and the Federal Trade Commission released a draft of the Vertical Merger Guidelines (VMGs) on January 10, 2020. The Global Antitrust Institute (GAI) will be submitting formal comments to the agencies regarding the VMGs and this post summarizes our main points. The Draft VMGs supersede the ... Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics