Showing results for: “sirius xm merger”
DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
Predicting what antitrust enforcement regimes in the current economic environment is a tricky business. I’ve done my best here. One probably cannot think of a better source for such predictions than those from the soon-to-be AAG Christine Varney, who recently spoke at an American Antitrust Institute panel on Section 2 enforcement (you can hear the ... DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
What's the Empirical Evidence on RPM?
I’ve been reading the papers for the FTC RPM Workshops, though I cannot attend. On the procompetitive side, I especially recommend Ben Klein’s explanation of how RPM facilitates the supply of promotional services in the absence of dealer free-riding. Critics of RPM, in my view, generally do not understand the fundamental economic point that retailer ... What's the Empirical Evidence on RPM?
Evans on Antitrust & the Global Internet Economy
From the Northwestern University Law Review Colloquy, David Evans explores the implications of the emerging global internet economy for antitrust. Here’s the closing two paragraphs: We can expect the web-based industries will follow the same trajectory, and thus far they have. Massive entry has taken place. As with many new industries, we remember the YouTubes ... Evans on Antitrust & the Global Internet Economy
Sirius-XM Merger Retrospective…
It looks like Sirius-XM is now contemplating bankruptcy (HT: Danny Sokol). There were quite a few critics of the Bush administration’s decision not to challenge the merger. Various antitrust commentators and critics (as well as rivals like the NAB) lined up on the side of enforcement, arguing that the merger would lead to a monopoly ... Sirius-XM Merger Retrospective…
Wanna Keep This Economic Mess to a Minimum? Honor Contracts.
New York Times business columnist Joe Nocera insists that current economic conditions call for courts to ignore carefully negotiated contracts between sophisticated business entities. Arguing that Dow Chemical Company should be free to walk away from its agreement to buy specialty chemical manufacturer Rohm & Haas, Mr. Nocera contends that “maybe, just maybe, deals that ... Wanna Keep This Economic Mess to a Minimum? Honor Contracts.
"One thing is clear to me: the orthodox and unvarnished Chicago School of economic theory is on life support, if it is not dead"
More settling economic debates by declaration and without regard to the evidence. When you make declarations like this it is best to do your homework. Consider the following: The Post-Chicago theoretical advances are well known to be built upon the foundation laid by Chicago School founders like Aaron Director — it is simply misleading to ... "One thing is clear to me: the orthodox and unvarnished Chicago School of economic theory is on life support, if it is not dead"
The Boss Settles It
Is the Ticketmaster/Live Nation merger anticompetitive? Does it present an opportunity to test whether the DOJ will adopt the evasion of constraint theory of monopolization which I’ve criticized? These are academic questions. The matter has been settled by the Boss: A final point for now: the one thing that would make the current ticket situation ... The Boss Settles It
More Evasion of Pricing Constraints as Antitrust Violations: Vertical Merger Edition
I’ve criticized elsewhere what appears to the the FTC’s new “evasion of pricing constraint” theory of monopolization emerging from Ovation (see also here), N-Data, and Rambus. I expressed some concern that this theory had no limiting principles and was detached in important ways from sound economics: Here are a few examples of conduct the FTC ... More Evasion of Pricing Constraints as Antitrust Violations: Vertical Merger Edition
Varney Instead of Elhauge at DOJ?
So says Bloomberg. UPDATE: More from DOJ: The White House is expected to nominate Christine Varney, a former Federal Trade Commission member and Internet-law expert, as Justice Department antitrust chief, people briefed on the move said. Jon Leibowitz, a current FTC member, is the leading candidate for commission chairman, but the decision isn’t final, these ... Varney Instead of Elhauge at DOJ?
Likely Monopolization Suit Targets
I’ve written previously about the upcoming surge in monopolization enforcement deriving from a “perfect storm” of sorts, including: (1) an incoming administration dedicated to “reinvigorate antitrust enforcement,” (2) an outgoing administration heavily and publicly criticized for lack of monopolization enforcement, and (3) interjurisdictional competition between the US and EU as the world’s primary antitrust enforcer ... Likely Monopolization Suit Targets
Disgorgement and Damages in Ovation
A couple of weeks ago, I posted a blog discussing the FTC’s complaint against Ovation. One of the interesting factors of that complaint was the FTC’s decision to seek disgorgement of profits allegedly improperly gained as a result of the challenged acquisition. The FTC has only infrequently sought disgorgement in antitrust matters and it is ... Disgorgement and Damages in Ovation
Whole Foods Remand Update
From the Blog of Legal Times: Yesterday, Friedman sided with the FTC’s interpretation of the D.C. Circuit’s three-way opinion. He will limit his role on remand, which is exactly what lawyers for the FTC said the D.C. Circuit wanted. The Whole Foods lawyers—including Dechert partners Paul Friedman (not the judge) and Paul Denis—urged Friedman to ... Whole Foods Remand Update
