Showing results for: “sirius xm merger”
"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
Is Antitrust Too Complicated for Generalist Judges?
One of the highlights of my recent time as Scholar in Residence at the Federal Trade Commission was the opportunity to work with some of the brightest minds around on antitrust issues on investigations and policy projects as well some academic projects. The subject of this post is one of those academic projects. Motivated by ... Is Antitrust Too Complicated for Generalist Judges?
Caplan on the Law as a Phony Discipline
Bryan Caplan writes: At risk of offending my many friends in the legal academy, I think that law is a shockingly phony discipline. Virtually everyone – liberal, conservative, Marxist, libertarian, or whatever – imagines that the law conveniently agrees with what they favor on non-legal grounds. Almost no one admits that many, if not most, ... Caplan on the Law as a Phony Discipline
Economic Issues in the Ovation Complaint
On December 16, 2008, the FTC filed a complaint against Ovation Pharmaceuticals that challenged its 2006 acquisition of the drug Neoprofen from Abbott. (The acquisition had fallen beneath the HSR thresholds and thus was not subject to an HSR investigation prior to consummation). While the complaint and case itself raises some interesting issues which I ... Economic Issues in the Ovation Complaint
Welcome Guest Blogger Mary Coleman
Bill’s shift to emeritus status and move to Arizona are not the only changes at TOTM for the coming new year. We’ve also got some plans to make sure that we’re feeding our loyal readers a steady stream of law, economics, and business content. One of these plans can’t wait for the New Year. We’ve ... Welcome Guest Blogger Mary Coleman
Top Ten Antitrust Articles of 2008
Its the time for end of the year lists. In conjunction with Danny Sokol’s survey of nominations for article of the year in 2008 (here are last year’s entries and here’s my list of the top 10 from last year), and without further ado, here are my personal, idiosyncratic, completely non-scientifically derived top 10 antitrust ... Top Ten Antitrust Articles of 2008
