The Archives

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

Showing results for:  “sirius xm merger”

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

Announcing The Journal of Antitrust Enforcement

An interesting new joint venture between Oxford University Press, Ariel Ezrachi, and Bill Kovacic (GW).  Sounds like a fantastic idea and with top notch management and might be of interest to many of our readers. The Journal of Antitrust Enforcement  Call for Papers – The Journal of Antitrust Enforcement (OUP) Oxford University Press is delighted ... Announcing The Journal of Antitrust Enforcement

The folly of the FTC’s Section Five case against Google

In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson.  The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google

The DOJ’s Problematic Attack on Property Rights Through Merger Review

The DOJ’s recent press release on the Google/Motorola, Rockstar Bidco, and Apple/ Novell transactions struck me as a bit odd when I read it.  As I’ve now had a bit of time to digest it, I’ve grown to really dislike it.  For those who have not followed Jorge Contreras had an excellent summary of events ... The DOJ’s Problematic Attack on Property Rights Through Merger Review

Greg Werden in Defense of Defining Markets

One of the more significant papers in antitrust of late has been Professor Kaplow’s Why (Ever) Define Markets?  Kaplow provocatively argues that the entire “market definition/ market share” paradigm of antitrust is misguided and beyond repair.  Kaplow describes the exclusive role of market definition in that paradigm as generating inferences about market power, argues that ... Greg Werden in Defense of Defining Markets

Congratulations to Bill Baer

President Obama has, as rumored, appointed Bill Baer (Arnold & Porter) to head the Antitrust Division.  Reuters reports: Baer, who is the chair of Arnold and Porter’s Antitrust Practice Group, also previously headed the Federal Trade Commission’s competition division when it stopped a merger between Staples and Office Depot in 1997. He will replace Sharis ... Congratulations to Bill Baer