Showing results for: “sirius xm merger”
Coming Soon: Day 2 of the TOTM Merger Guidelines Symposium
The Day 1 posts are up and available. But we’re not done yet. We have seven more coming tomorrow from Dan Crane, Andy Gavil, Herbert Hovenkamp, Joseph Simons, Thom Lambert, Geoff Manne, Danny Sokol and Paul Yde. In the meantime, please peruse the first installment of posts and feel free to comment! Joe Farrell, Welcome ... Coming Soon: Day 2 of the TOTM Merger Guidelines Symposium
The Guidelines Should Be Revised to Reject the PNB Structural Presumption
Yes, the Merger Guidelines should be revised. The Guidelines primary purpose is to “articulate the analytical framework the Agency applies in determining whether a merger is likely substantially to lessen competition.” While the Guidelines have been very successful in articulating a useful economic framework for analyzing mergers, their performance in terms of satisfying that goal ... The Guidelines Should Be Revised to Reject the PNB Structural Presumption
Do the Merger Guidelines Need Revision?
The merger guidelines should be revised, not only to provide clearer guidance, but because the current version makes it harder for the agencies to win cases when they do challenge a merger. The reason is that the guidelines often don’t fit actual agency practice or modern economic theory. For example, part of the reason the ... Do the Merger Guidelines Need Revision?
Dynamic Competition in Antitrust Law
The Horizontal Merger Guidelines are the intellectual cornerstone of modern antitrust law, yet they contain little discussion of innovation or dynamic competition. Although the Merger Guidelines do not constitute law merely by virtue of their promulgation by the agencies, the courts previously have accepted the revised principles that the agencies have advocated. By embracing the ... Dynamic Competition in Antitrust Law
Comments on Updating the Merger Guidelines
Of course, the Merger Guidelines need to be updated. Except for efficiencies, they haven’t been updated in 17 years. Lawyers and economists with a regular antitrust practice may not require an update in light of their knowledge of the 2006 Commentary, speeches and agency experience. But, the rest of the antitrust world does. The most ... Comments on Updating the Merger Guidelines
Robert Gertner on Revising the Guidelines
The stated purpose of the DOJ/FTC Horizontal Merger Guidelines is to “reduce the uncertainty associated with enforcement of the antitrust laws.” The Guidelines have had limited success in achieving this goal. They generally succeed in two important dimensions and fail in one. First, the Guidelines lay out a five step analysis consisting of market definition, ... Robert Gertner on Revising the Guidelines
Merger Enforcement Without Market Definition?
The Horizontal Merger Guidelines have brought discipline to the unruly world of merger analysis; but have also accommodated advances in our understanding of the myriad ways in which firms compete and how mergers affect such competition. However, in cases where there is better information about the effects of the merger than there is about the ... Merger Enforcement Without Market Definition?
Dennis Carlton on Revising the Merger Guidelines
1. Do the Guidelines need revision? The Horizontal Merger Guidelines have served a very valuable purpose by making horizontal merger analysis much more sensible than it was prior to the 1980s.There is much less disagreement about horizontal merger policy than there is about vertical antitrust policy so some vertical guidelines would be especially welcome. Nevertheless, ... Dennis Carlton on Revising the Merger Guidelines
Welcome From the Agencies
I think this symposium is a terrific idea and thank Josh Wright for organizing it. As Chairman Leibowitz and AAG Varney said, we want to have as open a process as possible as we explore whether to update the HMG and, if so, how. There can hardly be a more open place for a symposium ... Welcome From the Agencies
Welcome to the Truth on the Market Merger Guidelines Symposium
With the recent DOJ and FTC announcement that they will solicit public comment and hold joint workshops to explore the possibility of “updating” the Horizontal Merger Guidelines (“HMG”) in December 2009 and January 2010, the attention of the antitrust community has turned away from the heated Section 2 debates (the subject of our last symposium) ... Welcome to the Truth on the Market Merger Guidelines Symposium
American Booksellers Association Advances Bad Antitrust Argument, But Who Can Blame Them?
The WSJ Reports that the American Booksellers Association has knocked on Christine Varney’s door at the Antitrust Division to complain about the new low prices resulting from the price war between Amazon, Target and Wal-Mart. The complaint? In a letter dated Oct. 22, the ABA said it believes that the discount pricing—which has led to ... American Booksellers Association Advances Bad Antitrust Argument, But Who Can Blame Them?
REMINDER: TOTM Merger Guidelines Symposium
Contributors: Please remember to get your submissions in by COB tomorrow, Friday October 23rd so that I can get them organized, formatted, and ready to go in a sensible order by Monday morning. I’ll do my best with anything that I receive after that time, but no promises. Thanks.
