The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “sirius xm merger”

The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era

While last year’s labor disputes between the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA), on the one hand, and Hollywood’s major movie and television studios, on the other, have been settled for months now, lingering questions remain about competitive conditions in the industry.  In a recent submission to the California Law ... The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era

Reports of the Current FTC’s Intellectual Integrity Have Been Greatly Exaggerated

The Federal Trade Commission (FTC) has released its long-awaited report on pharmacy benefit managers (PBMs) as an “interim staff report.” And it’s yet another staff report that doesn’t name the relevant staff. On the one hand, it does contain some useful information on industry developments. On the other, it’s just not very good—at all.  With ... Reports of the Current FTC’s Intellectual Integrity Have Been Greatly Exaggerated

After Loper Bright, FTC Awaits Its Turn At-Bat

In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the U.S. economy. It was not my first such post (my ninth, if I’ve counted correctly, and if readers will forgo armchair diagnoses of monomania). The last time ... After Loper Bright, FTC Awaits Its Turn At-Bat

The View from the United Kingdom: A TOTM Q&A with John Fingleton

What is the UK doing in the field of digital-market regulation, and what do you think it is achieving? There are probably four areas to consider.  The first is that the UK’s jurisdiction on mergers increased with Brexit. The UK is not subject to the same turnover threshold as under European law, and this enables ... The View from the United Kingdom: A TOTM Q&A with John Fingleton

FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions

As former antitrust enforcers and alumni of the Federal Trade Commission (FTC), we are pleased to submit these comments to the FTC and U.S. Justice Department’s (DOJ) Antitrust Division (DOJ) in response to your Request for Information on Corporate Consolidation Through Serial Acquisitions and Roll-Up Strategies (RFI). We have devoted significant portions of our careers ... FTC Alumni Response to FTC/DOJ RFI on Serial Acquisitions

The View from Canada: A TOTM Q&A with Aaron Wudrick

Aaron, could you please tell us a bit about your background and how you became interested in competition law and digital-competition regulation? I’m a lawyer by profession, but have taken a somewhat unconventional career path—I started as a litigator in a small general practice in my hometown outside Toronto, moved on to corporate law with ... The View from Canada: A TOTM Q&A with Aaron Wudrick

The Waiting Game: Noncompetes, Google, Roll-Ups, and More

I’ll start with a bit of half-empty, half-full (and very partial) resolution in Federal Trade Commission (FTC) publicity. Losing by Winning or Just Losing or . . . ? A couple of weeks ago, the Wall Street Journal editorial board announced that:  “Another Lina Khan Theory Loses in Court” And that was right, up to ... The Waiting Game: Noncompetes, Google, Roll-Ups, and More

Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?

The U.S. Justice Department (DOJ) announced yesterday that it has filed suit, along with 29 states and the District of Columbia, charging Live Nation Entertainment Inc. and its subsidiary Ticketmaster LLC with monopolizing the live-events industry in violation of Section 2 of the Sherman Act.  The suit, filed in the U.S. District Court for the ... Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?

AI Partnerships and Competition: Much Ado About Nothing?

Competition policymakers around the world have been expressing concerns about competition in emerging artificial-intelligence (AI) industries, with some taking steps to investigate them further. These fears are notably fueled by a sense that incumbent (albeit, in adjacent markets) digital platforms may use strategic partnerships with AI firms to stave off competition from this fast-growing field. ... AI Partnerships and Competition: Much Ado About Nothing?

Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC

Go big or go home, they say. It’s not really an either-or choice: one can go big, and then go home. Not infrequently, an attempt to go big is what gets one sent home.  The Federal Trade Commission (FTC) swung for the fences in April 23’s open meeting. On purely partisan lines, the commission voted ... Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC

Steeling to Block a Merger

In an April 17 address to United Steelworkers in Pittsburgh, President Joe Biden vowed that his administration would “thwart the acquisition of U.S. Steel by a Japanese company,” Nippon Steel, telling the assembled union members that U.S. Steel “has been an iconic American company for more than a century and it should remain totally American.” ... Steeling to Block a Merger

Antitrust at the Agencies Roundup: Spring Has Sprung

Last week was the occasion of the “spring meeting”; that is, the big annual antitrust convention in Washington, D.C. hosted by the American Bar Association (ABA) Antitrust Section. To engage in a bit of self-plagiarism (efficient for me, at least), I had this to say about it last year: For those outside the antitrust world, ... Antitrust at the Agencies Roundup: Spring Has Sprung