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March-Right-on-In Rights?

The National Institute for Standards and Technology (NIST) published a request for information (RFI) in December 2023 on its “Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights.” It’s quite something, if not in a good way. March-In Rights Provide Very Limited Exceptions to Intellectual-Property Rights What are “march-in” rights? In brief, they ... March-Right-on-In Rights?

What Do We Do with Presumptions in Antitrust?

Winter was coming, as it does. We knew the agencies were going to issue new merger guidelines, and then they did. On Dec. 18, 2023, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) jointly issued merger guidelines, supplanting 2023’s draft guidelines, the 2010 Horizontal Merger Guidelines, and the 2020 (partially withdrawn) Vertical Merger ... What Do We Do with Presumptions in Antitrust?

Hands Across the Agencies

In the headline to a Dec. 7 press release, the Federal Trade Commission (FTC) announced that it, in concert with the U.S. Justice Department (DOJ) and U.S. Department of Health and Human Services (HHS), had managed to “Lower Health Care and Drug Costs, Promote Competition to Benefit Patients, Health Care Workers.” According to the subhead: ... Hands Across the Agencies

Google, Amazon, Switching Costs, and Red Herrings

Way back in May, I cracked wise about the Federal Trade Commission’s (FTC) fictional “Bureau of Let’s Sue Meta,” noting that the commission’s proposal (really, an “order to show cause”) to modify its 2020 settlement of a consumer-protection matter with what had then been Facebook—in other words, a settlement modifying a 2012 settlement—was the FTC’s ... Google, Amazon, Switching Costs, and Red Herrings

Net Neutrality and Broken Records

I don’t mean to sound like a broken record, but why is the Federal Communications Commission (FCC) playing a broken record? I’ve been writing a fair bit about Federal Trade Commission (FTC) rulemaking initiatives. On the theory that you deserve a nominal break from all of that, this post is mostly about the FCC. On ... Net Neutrality and Broken Records

Antitrust at the Agencies Roundup: Take My Default … Please! Edition

I can hardly believe it, but I’ve read that a famous old bit by Henny Youngman has been purged from Florida textbooks, apparently because it was deemed offensive to those who wrote, told, and laughed at the joke. I won’t tell it here, but you can look it up. And if you’re a reader of ... Antitrust at the Agencies Roundup: Take My Default … Please! Edition

Antitrust at the Agencies Roundup: Back to the Past Edition

Labor Day approaches with most of us looking forward to a long weekend off, but there’s much in competition world looming on the horizon. As I am looking forward to a couple of days off, I’ll offer more of an annotated bibliography than analysis. But also a bit of discussion, because I am what I ... Antitrust at the Agencies Roundup: Back to the Past Edition

Antitrust at the Agencies Roundup: The Cat’s Tuches of Summer Edition

I had thought we were in the dog days of summer, but the Farmer’s Almanac tells me that I was wrong about that. It turns out that the phrase refers to certain specific dates on the calendar, not just to the hot and steamy days that descend on the nation’s capital in . . . ... Antitrust at the Agencies Roundup: The Cat’s Tuches of Summer Edition

Antitrust at the Agencies Roundup: Kill All the Widgets Edition

Over the river, into the woods, and down into the weeds we go. There’s a whole lot of drama going on at the Federal Trade Commission (FTC), not least because of recent correspondence between the U.S. House Oversight Committee and FTC Chair Lina Khan that might politely—euphemistically, really—be termed “heated.” But I’m not gonna go ... Antitrust at the Agencies Roundup: Kill All the Widgets Edition

Antitrust at the Agencies Roundup: The Joint FTC/DOJ Guidelines to Nowhere (or Nowhere Good) Edition

The FTC and DOJ have done it: on July 19 they released the long awaited (or dreaded) draft merger guidelines, which . . . well, could have been worse, given current agency leadership, but could have been better (as demonstrated by the certainly imperfect, but still better, 2010 guidelines they replaced). Jumping on the agencies’ ... Antitrust at the Agencies Roundup: The Joint FTC/DOJ Guidelines to Nowhere (or Nowhere Good) Edition

Antitrust at the Agencies Roundup: You Will Absolutely Work in This Town Again Edition

I mean, Alvaro. I know it was you, Alvaro. Readers might recall my recent discussion of the Federal Trade Commission’s (FTC) new Bureau of Let’s Sue Meta, in which I covered, among other things, the commission’s proposal to modify its 2020 Decision and Order In the Matter of Facebook Inc. (now Meta). The 2020 order ... Antitrust at the Agencies Roundup: You Will Absolutely Work in This Town Again Edition

Antitrust at the Agencies Roundup: Pruning the Data Tree Edition

In my last roundup, I puzzled over the Federal Trade Commission’s (FTC) suit to block Amgen’s acquisition of Horizon Therapeutics. The deal involved no product overlaps whatsoever (i.e., no horizontal competition), a target firm acknowledged to have no competitors for the orphan drugs at issue, and nobody poised to enter into competition either. I won’t ... Antitrust at the Agencies Roundup: Pruning the Data Tree Edition