Showing results for: “sirius xm merger”
David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines
I appreciate the opportunity to provide comments on the current Section 5 discussion and add a few modest thoughts about the very thoughtful speeches of Commissioners Wright and Ohlhausen. I must admit, that as a former FTC Policy dude my mouth salivates at the thought of any new Guidelines. After all what could be more ... David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines
David Balto on Economic Evidence and Section 5
One must applaud the efforts of Commissioners Ohlhausen and Wright to begin the dialogue about the proper use of Section 5 as a tool of antitrust enforcement. It was 99 years ago that Congress was debating the creation of the Federal Trade Commission and increased guidance on the Commission’s thinking on Section 5 is in ... David Balto on Economic Evidence and Section 5
Marina Lao on the FTC’s Section 5 Unfair Methods of Competition Authority
FTC Commissioner Josh Wright’s recent issuance of a proposed policy statement on Section 5 of the FTC Act has reignited the debate on the appropriate scope of the agency’s authority to prosecute “unfair methods of competition” as standalone Section 5 violations. While the Supreme Court has held, consistent with clear congressional intent, that the FTC’s ... Marina Lao on the FTC’s Section 5 Unfair Methods of Competition Authority
Commissioner Wright goes down swinging over amendments to the FTC’s HSR rules
Last week, over Commissioner Wright’s dissent, the FTC approved amendments to its HSR rules (final text here) that, as Josh summarizes in his dissent, establish, among other things, a procedure for the automatic withdrawal of an HSR filing upon the submission of a filing to the U.S. Securities and Exchange Commission announcing that the notified transaction has been terminated. I discussed the proposed amendments ... Commissioner Wright goes down swinging over amendments to the FTC’s HSR rules
Wright is Right and Price-Cost Safe Harbors are Wrong: The Raising Rivals’ Cost Paradigm, Loyalty Discounts and Exclusive Dealing
Guest post by Steve Salop, responding to Dan’s post and Thom’s post on the appropriate liability rule for loyalty discounts. I want to clarify some of the key issues in Commissioner Wright’s analysis of Exclusive Dealing and Loyalty Discounts as part of the raising rivals’ costs (“RRC”) paradigm. I never thought that I would have to defend Wright against ... Wright is Right and Price-Cost Safe Harbors are Wrong: The Raising Rivals’ Cost Paradigm, Loyalty Discounts and Exclusive Dealing
Behavioral Merger Remedies and the Hippocratic Principle
Last Thursday, the FTC settled a challenge to a company’s acquisitions of two key rivals. The two acquisitions, each of which failed to meet the threshold for required reporting under Hart Scott Rodino, occurred in 2005 and 2008. Because the acquired companies have been fully integrated into the acquirer and all distinct operations have been ... Behavioral Merger Remedies and the Hippocratic Principle
Commissioner Wright lays down the gauntlet on Section 5
As Thom noted (here and here), Josh’s speech at the ABA Spring Meeting was fantastic. In laying out his agenda at the FTC, Josh highlighted two areas on which he intends to focus: Section 5 and public restraints on trade. These are important, even essential, areas, and Josh’s leadership here will be most welcome. I’m ... Commissioner Wright lays down the gauntlet on Section 5
Innovation for the 21st Century Symposium
The topic of TOTM’s first blog symposium is Michael Carrier’s forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (from Oxford University Press). Here is a description of the book’s contents from Professor Carrier: Innovation for the 21st Century offers ten proposals, from pharmaceuticals to peer-to-peer software, that will help ... Innovation for the 21st Century Symposium
Merger Guidelines Symposium
For our friends in the agencies, we hope this symposium gives you some food for thought and a sense of where an informed subset of the antitrust community see issues meriting attention. It is interesting to note (we received all of the submissions before any were posted) the extent to which so many of these ... Merger Guidelines Symposium
Forbes commentary on Susan Crawford’s “broadband monopoly” thesis
Over at Forbes Berin Szoka and I have a lengthy piece discussing “10 Reasons To Be More Optimistic About Broadband Than Susan Crawford Is.” Crawford has become the unofficial spokesman for a budding campaign to reshape broadband. She sees cable companies monopolizing broadband, charging too much, withholding content and keeping speeds low, all in order to ... Forbes commentary on Susan Crawford’s “broadband monopoly” thesis
Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
Although it probably flew under almost everyone’s radar, last week Josh issued his first Concurring Statement as an FTC Commissioner. The statement came in response to a seemingly arcane Notice of Proposed Rulemaking relating to Hart-Scott-Rodino Premerger Notification Rules: The proposed rules also establish a procedure for the automatic withdrawal of an HSR filing when ... Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
Ending Transaction ‘Mission Creep’ at the FCC
by Larry Downes and Geoffrey A. Manne Now that the election is over, the Federal Communications Commission is returning to the important but painfully slow business of updating its spectrum management policies for the 21st century. That includes a process the agency started in September to formalize its dangerously unstructured role in reviewing mergers and ... Ending Transaction ‘Mission Creep’ at the FCC
