Showing results for: “sirius xm merger”
Section 5 of the FTC Act and monopolization cases: A brief primer
In the past two weeks, Members of Congress from both parties have penned scathing letters to the FTC warning of the consequences (both to consumers and the agency itself) if the Commission sues Google not under traditional antitrust law, but instead by alleging unfair competition under Section 5 of the FTC Act. The FTC is rumored to be ... Section 5 of the FTC Act and monopolization cases: A brief primer
The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it
At today’s Open Commission Meeting, the FCC is set to consider two apparently forthcoming Notices of Proposed Rulemaking that will shape the mobile broadband sector for years to come. It’s not hyperbole to say that the FCC’s approach to the two issues at hand — the design of spectrum auctions and the definition of the FCC’s ... The FCC faces a fork in the road: Pretend scarcity doesn’t exist or actually help reduce it
Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key
There are a lot of inaccurate claims – and bad economics – swirling around the Universal Music Group (UMG)/EMI merger, currently under review by the US Federal Trade Commission and the European Commission (and approved by regulators in several other jurisdictions including, most recently, Australia). Regulators and industry watchers should be skeptical of analyses that ... Let The Music Play: Critics Of Universal-EMI Merger Are Singing Off-Key
Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order
“Real lawyers read the footnotes!”—thus did Harold Feld chastise Geoff and Berin in a recent blog post about our CNET piece on the Verizon/SpectrumCo transaction. We argued, as did Commissioner Pai in his concurrence, that the FCC provided no legal basis for its claims of authority to review the Commercial Agreements that accompanied Verizon’s purchase ... Real lawyers read the footnotes, but cite them only when relevant: A response to Harold Feld on the FCC SpectrumCo Order
Diveley on Phoebe Putney and Clarifying State Action Doctrine
My former student and recent George Mason Law graduate (and co-author, here) Angela Diveley has posted Clarifying State Action Immunity Under the Antitrust Laws: FTC v. Phoebe Putney Health System, Inc. It is a look at the state action doctrine and the Supreme Court’s next chance to grapple with it in Phoebe Putney. here is ... Diveley on Phoebe Putney and Clarifying State Action Doctrine
Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)
HT: Danny Sokol. TOP 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal June 4, 2012 to August 3, 2012. Rank Downloads Paper Title 1 244 The Antitrust/Consumer Protection Paradox: Two Policies at War with Each Other Joshua D. Wright, George Mason University – School of Law, Faculty, Date posted to database: May 31, ... Top 10 Papers for Journal of Antitrust: Antitrust Law & Policy eJournal (June 4, 2012 to August 3, 2012)
Some Skepticism About the Role of Behavioral Economics in the FTC’s Antitrust Analysis
Given the enthusiasm for application of behavioral economics to antitrust analysis from some corners of the Commission and the academy, I found this remark from Alison Oldale at the Federal Trade Commission interesting (Antitrust Source): Behavioral economists are clearly correct in saying that people and firms are not the perfect decision makers using perfect information ... Some Skepticism About the Role of Behavioral Economics in the FTC’s Antitrust Analysis
Who Killed Market Definition?
Louis Kaplow’s Why (Ever) Define Markets? in the Harvard Law Review was one of the most provocative papers in the antitrust literature over the past few years. We’ve discussed it here. I wrote: Kaplow provocatively argues that the entire “market definition/ market share” paradigm of antitrust is misguided and beyond repair. Kaplow describes the exclusive ... Who Killed Market Definition?
SCOTUS Grants Certiorari in Phoebe Putney
From Bloomberg: The U.S. Supreme Court said it will decide whether states can block antitrust scrutiny of hospital mergers such as Phoebe Putney Health System Inc.’s acquisition of Palmyra Park Hospital in Georgia. The justices today said they will hear the Federal Trade Commission’s appeal of a U.S. appellate court ruling that the proposed purchase of HCA Inc.-owned ... SCOTUS Grants Certiorari in Phoebe Putney
UMG-EMI Deal Is No Threat To Innovation In Music Distribution
Everyone loves to hate record labels. For years, copyright-bashers have ranted about the “Big Labels” trying to thwart new models for distributing music in terms that would make JFK assassination conspiracy theorists blush. Now they’ve turned their sites on the pending merger between Universal Music Group and EMI, insisting the deal would be bad for ... UMG-EMI Deal Is No Threat To Innovation In Music Distribution
Ginsburg & Wright on Dynamic Analysis and the Limits of Antitrust Institutions
Judge Douglas Ginsburg (D.C. Circuit Court of Appeals; NYU Law) and I have posted “Dynamic Antitrust and the Limits of Antitrust Institutions” to SSRN. Our article is forthcoming in Volume 78 (2) of the Antitrust Law Journal. We offer a cautionary note – from an institutional perspective – concerning the ever-increasing and influential calls for greater ... Ginsburg & Wright on Dynamic Analysis and the Limits of Antitrust Institutions
Simpson Thacher Adds FTC’s Matt Reilly
From Competition Policy International (via The Blog of Legal Times): Matt Reilly, former Assistant Director of the Federal Trade Commission, is joining Simpson Thacher & Bartlett. Reilly will partner the firm’s Antitrust Practice and be based in its D.C. office. His move comes after 13 years at the FTC, where he was the lead litigator ... Simpson Thacher Adds FTC’s Matt Reilly
