The Law & Economics of the Capital One-Discover Merger
Capital One Financial announced plans late last month to acquire Discover Financial Services in a $35.3 billion deal that would give Capital One its own credit-card payment network, while simultaneously allowing the company to expand its deposit base, credit-card offerings, and rewards programs. Conversely, credit analysts like Matt Schulz of LendingTree note that “if Capital ... The Law & Economics of the Capital One-Discover Merger
Note to the FTC: Punishing Efficiency Means Destroying Competition
Yesterday, Lina Khan’s FTC released their long-awaited draft merger guidelines for public comment. Regrettably yet not unsurprisingly, the new guidelines are a radical departure from established case law and antitrust thinking. They’re marked by a failure to account for the role of efficiencies in the competitive process, and a failure to distinguish between the implications of generally ... Note to the FTC: Punishing Efficiency Means Destroying Competition
NLRB Targeting of Noncompetes Lacks a Sound Legal Foundation
Jennifer Abruzzo, general counsel of the National Labor Relations Board (NLRB), recently issued a memo claiming that certain noncompete clauses in labor contracts are illegal, on grounds that they violate employees’ right to organize and negotiate better working conditions under Section 7 of the National Labor Relations Act (NLRA). The NLRB isn’t the first Biden ... NLRB Targeting of Noncompetes Lacks a Sound Legal Foundation
