Showing results for: “sirius xm merger”
Time for Congress to Consider Establishing a “SMARTER” Antitrust Merger Review Framework
On October 7, 2015, the Senate Judiciary Committee held a hearing on the “Standard Merger and Acquisition Reviews Through Equal Rules” (SMARTER) Act of 2015. As former Antitrust Modernization Commission Chair (and former Acting Assistant Attorney General for Antitrust) Deborah Garza explained in her testimony, “t]he premise of the SMARTER Act is simple: A merger ... Time for Congress to Consider Establishing a “SMARTER” Antitrust Merger Review Framework
The competitive implications of the Affordable Care Act for health insurance merger review
Last week concluded round 3 of Congressional hearings on mergers in the healthcare provider and health insurance markets. Much like the previous rounds, the hearing saw predictable representatives, of predictable constituencies, saying predictable things. The pattern is pretty clear: The American Hospital Association (AHA) makes the case that mergers in the provider market are good ... The competitive implications of the Affordable Care Act for health insurance merger review
The FCC distorted market realities to scuttle the Comcast-TWC merger
Last week, FCC General Counsel Jonathan Sallet pulled back the curtain on the FCC staff’s analysis behind its decision to block Comcast’s acquisition of Time Warner Cable. As the FCC staff sets out on its reported Rainbow Tour to reassure regulated companies that it’s not “hostile to the industries it regulates,” Sallet’s remarks suggest it will ... The FCC distorted market realities to scuttle the Comcast-TWC merger
The essence of Josh Wright’s FTC tenure was to ensure that benefits outweigh costs; the rest is commentary
As the organizer of this retrospective on Josh Wright’s tenure as FTC Commissioner, I have the (self-conferred) honor of closing out the symposium. When Josh was confirmed I wrote that: The FTC will benefit enormously from Josh’s expertise and his error cost approach to antitrust and consumer protection law will be a tremendous asset to ... The essence of Josh Wright’s FTC tenure was to ensure that benefits outweigh costs; the rest is commentary
Josh Wright and the Limits of Antitrust
Alden Abbott and I recently co-authored an article, forthcoming in the Journal of Competition Law and Economics, in which we examined the degree to which the Supreme Court and the federal enforcement agencies have recognized the inherent limits of antitrust law. We concluded that the Roberts Court has admirably acknowledged those limits and has for ... Josh Wright and the Limits of Antitrust
An Economist’s Touch: Josh Wright’s FTC Legacy
The FTC was the brain child of Progressive Era technocrats who believed that markets could be made to run more effectively if distinguished experts in industry and economics were just put in charge. Alas, as former FTC Chair Bill Kovacic has chronicled, over the Commission’s first century precious few of the Commissioners have been distinguished ... An Economist’s Touch: Josh Wright’s FTC Legacy
Josh Wright, Commissioner-Provocateur
Much ink will be spilled at this site lauding Commissioner Joshua (Josh) Wright’s many contributions to the Federal Trade Commission (FTC), and justly so. I will focus narrowly on Josh Wright as a law and economics “provocateur,” who used his writings and speeches to “stir the pot” and subject the FTC’s actions to a law ... Josh Wright, Commissioner-Provocateur
Ajit Pai on Joshua Wright
I was saddened to learn that Commissioner Joshua Wright is resigning from the Federal Trade Commission. Commissioner Wright leaves the agency with a tremendous legacy. He brought to the FTC’s decision-making groundbreaking economic analysis, such as his opinion in Ardagh/St. Gobain that the government should evaluate possible merger efficiencies under a standard of proof similar ... Ajit Pai on Joshua Wright
FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the FTC Act. The Statement of Enforcement Principles represents a significant victory for Commissioner Joshua Wright, who has been a tireless advocate for ... FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Leave a Little GUPPI Alone: Why Commissioner Wright is Right to Call for a Low-GUPPI Safe Harbor
FTC Commissioner Josh Wright has some wise thoughts on how to handle a small GUPPI. I don’t mean the fish. Dissenting in part in the Commission’s disposition of the Family Dollar/Dollar Tree merger, Commissioner Wright calls for creating a safe harbor for mergers where the competitive concern is unilateral effects and the merger generates a ... Leave a Little GUPPI Alone: Why Commissioner Wright is Right to Call for a Low-GUPPI Safe Harbor
Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same
The FTC recently required divestitures in two merger investigations (here and here), based largely on the majority’s conclusion that [when] a proposed merger significantly increases concentration in an already highly concentrated market, a presumption of competitive harm is justified under both the Guidelines and well-established case law.” (Emphasis added). Commissioner Wright dissented in both matters ... Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same
New Paper: The Problems and Perils of Bootstrapping Privacy and Data into an Antitrust Framework
The CPI Antitrust Chronicle published Geoffrey Manne’s and my recent paper, The Problems and Perils of Bootstrapping Privacy and Data into an Antitrust Framework as part of a symposium on Big Data in the May 2015 issue. All of the papers are worth reading and pondering, but of course ours is the best ;). In it, ... New Paper: The Problems and Perils of Bootstrapping Privacy and Data into an Antitrust Framework