Showing results for: “sirius xm merger”
Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record
During the 2008 presidential campaign Barack Obama criticized the Bush Administration for “the weakest record of antitrust enforcement of any administration in the last half century” and promised “to reinvigorate antitrust enforcement.” In particular, he singled out allegedly lax monopolization and merger enforcement as areas needing improvement, and also vowed “aggressive action to curb the ... Heritage Foundation January 29 Conference on Obama Administration Antitrust Enforcement Record
Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
On December 11 I published a Heritage Foundation Legal Memorandum on this topic. I concluded that the federal courts have done a fairly good job in harmonizing antitrust with constitutionally-based federalism and First Amendment interests (petitioning, free speech, and religious freedom). Nevertheless, it must be admitted that these “constitutional constraints” somewhat limit the ability of ... Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
Spicy Documents Serve up a Paltry Antitrust Meal
There is always a temptation for antitrust agencies and plaintiffs to center a case around so-called “hot” documents — typically company documents with a snippet or sound-bites extracted, some times out of context. Some practitioners argue that “[h]ot document can be crucial to the outcome of any antitrust matter.” Although “hot” documents can help catch ... Spicy Documents Serve up a Paltry Antitrust Meal
Why a Common Law Approach to Defining “Unfair Methods of Competition” Won’t Work
Section 5 of the Federal Trade Commission Act proclaims that “[u]nfair methods of competition . . . are hereby declared unlawful.” The FTC has exclusive authority to enforce that provision and uses it to prosecute Sherman Act violations. The Commission also uses the provision to prosecute conduct that doesn’t violate the Sherman Act but is, ... Why a Common Law Approach to Defining “Unfair Methods of Competition” Won’t Work
Antitrust Enforcement in Reverse: Getting Efficiencies Backwards
A century ago Congress enacted the Clayton Act, which prohibits acquisitions that may substantially lessen competition. For years, the antitrust enforcement Agencies looked at only one part of the ledger – the potential for price increases. Agencies didn’t take into account the potential efficiencies in cost savings, better products, services, and innovation. One of the major ... Antitrust Enforcement in Reverse: Getting Efficiencies Backwards
Double secret ex parte meetings at the FCC: Something’s amiss in the agency’s big transaction reviews
The Wall Street Journal dropped an FCC bombshell last week, although I’m not sure anyone noticed. In an article ostensibly about the possible role that MFNs might play in the Comcast/Time-Warner Cable merger, the Journal noted that The FCC is encouraging big media companies to offer feedback confidentially on Comcast’s $45-billion offer for Time Warner ... Double secret ex parte meetings at the FCC: Something’s amiss in the agency’s big transaction reviews
Swimming Against the Tide: The FTC’s Misguided Antagonism to Health Care Integration
There is a consensus in America that we need to control health care costs and improve the delivery of health care. After a long debate on health care reform and careful scrutiny of health care markets, there seems to be agreement that the unintegrated, “siloed approach” to health care is inefficient, costly, and contrary to ... Swimming Against the Tide: The FTC’s Misguided Antagonism to Health Care Integration
Highlights from Josh Wright’s Interview in The Antitrust Source
Anyone interested in antitrust enforcement policy (and what TOTM reader isn’t?) should read FTC Commissioner Josh Wright’s interview in the latest issue of The Antitrust Source. The extensive (22 page!) interview covers a number of topics and demonstrates the positive influence Commissioner Wright is having on antitrust enforcement and competition policy in general. Commissioner Wright’s ... Highlights from Josh Wright’s Interview in The Antitrust Source
Antitrust Law and Economics Scholars Urge Reversal in McWane
Last Monday, a group of nineteen scholars of antitrust law and economics, including yours truly, urged the U.S. Court of Appeals for the Eleventh Circuit to reverse the Federal Trade Commission’s recent McWane ruling. McWane, the largest seller of domestically produced iron pipe fittings (DIPF), would sell its products only to distributors that “fully supported” ... Antitrust Law and Economics Scholars Urge Reversal in McWane
A Cost-Benefit Framework for Antitrust Enforcement Policy
Debates among modern antitrust experts focus primarily on the appropriate indicia of anticompetitive behavior, the particular methodologies that should be applied in assessing such conduct, and the best combination and calibration of antitrust sanctions (fines, jail terms, injunctive relief, cease and desist orders). Given a broad consensus that antitrust rules should promote consumer welfare (albeit ... A Cost-Benefit Framework for Antitrust Enforcement Policy
For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions
Government impediments to the efficient provision of health care services in the United States are legion. While much recent attention has focused on the federal Patient Protection and Affordable Care Act, which by design reduces consumer choice and competition, harmful state law restrictions have long been spotlighted by the U.S. Federal Trade Commission (FTC) and ... For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions
FTC closes Men’s Warehouse/Jos A Bank merger investigation
Credit where it’s due — the FTC has closed its investigation of the Men’s Warehouse/Jos. A. Bank merger. I previously wrote about the investigation here, where I said: I would indeed be shocked if a legitimate economic analysis suggested that Jos. A. Banks and Men’s Warehouse occupied all or most of any relevant market. For the most ... FTC closes Men’s Warehouse/Jos A Bank merger investigation
