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Showing results for:  “sirius xm merger”

Welcome D.C. Circuit Law Clerks to our Whole Foods Coverage

Our friends at Antitrust Review point to the Petition for Rehearing En Banc in Whole Foods. As readers of the blog will know, Geoff and Thom have been exhaustively covering the Whole Foods litigation. Now, their latest efforts have been cited by the parties in the Petition (see n. 1) as leading examples of the ... Welcome D.C. Circuit Law Clerks to our Whole Foods Coverage

Antitrust Fallacies of Fact and Theory

Steve Hurwitz as a characteristically thoughtful and provocative post over at Austrian Economists on identifying the most dangerous fallacies of fact and theory in economics that a reasonably informed layperson would believe. Steve’s nominations are that the average person believes that the “economic well-being of the average American is on the decline” (fallacy of fact) ... Antitrust Fallacies of Fact and Theory

Why Antitrust?

As the start of the new academic year inches closer, and students are deciding what courses to take, I thought I’d give a little plug to antitrust law. I’ve seen enrollment in antitrust courses vary dramatically over the past 10 years or so since I was a student and now as a professor. I certainly ... Why Antitrust?

Optimal Regulatory Design, Fragmentation, and Abolition

In response to my post about the optimal institutional design for merger enforcement and the problems associated with dual federal enforcement, a reader points me to this related paper by Jon Klick, Francesco Parisi, and Norbert Schulz in the International Review of Law and Economics which models alternatives for allocating decision-making across multiple agencies. One ... Optimal Regulatory Design, Fragmentation, and Abolition

International Antitrust Explosion in the FT

Financial Times (HT: Danny Sokol) highlights the problem of multi-jurisdictional antitrust enforcement, emphasizing the rise of India and China.  The article repeats the basic point, worth repeating, that international cooperation can help avoid bad outcomes with multiple regulatory stakeholders with different incentives and institutional environments: That is not a criticism of the new competition rules ... International Antitrust Explosion in the FT

The Price of Merger Approval and Triple Federal Enforcement

Geoff and Thom (see the comments) continue to have the Whole Foods litigation covered.  I don’t and can’t have anything to add to their comments about the particulars of the litigation.  I will note, playing off my previous post on bad case law out there looking to be overturned, that there is significant demand for ... The Price of Merger Approval and Triple Federal Enforcement

The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"

The DC Circuit has reversed the district court in the Whole Foods case.  The opinion is here.  [HT:  Danny Sokol] As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review.  I wouldn’t be surprised if Thom is disappointed with the ... The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"

What is the Worst Antitrust Decision That is Good Law?

There’s been a bit of discussion about the “most destructive” decision that is good law around the blogs, e.g. here and here, in response to John McCain’s criticism of Boumedine calling it “one of the worst decisions in the history of this country.” The line of discussion led me to think about the titular question. ... What is the Worst Antitrust Decision That is Good Law?

Baker on Market Concentration and Horizontal Mergers

Jonathan Baker (American University) has posted Market Concentration in the Antitrust Analysis of Horizontal Mergers to SSRN. Baker’s article is another of the entries which will be appearing in the forthcoming Antitrust Law and Economics volume edited by Keith Hylton (Elgar Publishing) (see this post for links to others).  Here is the abstract: This handbook ... Baker on Market Concentration and Horizontal Mergers

A Few Thoughts on Privacy and Antitrust

In the comments to this post, Peter Swire (Ohio State) points to some recent comments (see also here and  here) he submitted to the Federal Trade Commission on how to incorporate privacy into conventional antitrust analysis.  The privacy and antitrust link appears to be something that will receive quite a bit of attention in the ... A Few Thoughts on Privacy and Antitrust

Picker on Competition, Privacy and Web 2.0

Randy Picker (HT: Randy) has posted an interesting new paper to SSRN entitled “Competition and Privacy in Web 2.0 and the Cloud“.   It is an insightful look at the how privacy rules imposed on Web intermediaries might raise competition concerns.  Consider, for example, the relationship between privacy rules and vertical integration that Picker highlights as ... Picker on Competition, Privacy and Web 2.0

Commissioner Rosch on the (Smaller?) Role of Economists in Antitrust Litigation

From FTC Commissioner Rosch: Personally, I think simulation analyses and indeed any kind of economic analyses that require the use of mathematical formulae are of little persuasive value in the courtroom setting. When I see an economic formula my eyes start to glaze over, and if the formula uses Greek letters I tend to think ... Commissioner Rosch on the (Smaller?) Role of Economists in Antitrust Litigation