Showing results for: “sirius xm merger”
How to Survive A Motion to Dismiss After Twombly
David Fischer at Antitrust Review points to a decision out of the Eastern District of Pennsylvania where plaintiffs’ allegations of conspiracy in violation of Section 1 of the Sherman Act survived a motion to dismiss. Recall that Twombly rejected the “any set of facts” or “conceivability” standard set forth in Conley v. Gibson in favor ... How to Survive A Motion to Dismiss After Twombly
Read Marc Hodak
His short post is here. The theme is, in essence, Bastiat’s “What is Seen and What is Not Seen.” Government (and, oh, I don’t know . . . antitrust regulators in particular) thrive on the unseen–as Marc puts it, on the unfortunate reality that “invisible opportunity costs stay[] that way.” As I argued at some ... Read Marc Hodak
Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly
Over the past few weeks I’ve read at least two dozen papers, mostly by legal scholars (but some by economists) employing or critiquing economic analysis of law, that use the term “Chicago School,” in a critical and misleading way. Conventionally, use of this nomenclature comes along with a claim that “Chicago School” economics is code for a ... Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly
More Thoughts on Free Market Orthodoxy in Antitrust
In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of law and economics. In response to the post, an anonymous TOTM reader emails the following related, and probably more interesting, questions: “is there a free market orthodoxy amongst (1) legal ... More Thoughts on Free Market Orthodoxy in Antitrust
Newsflash! AAI supports merger review!
In shocking news, the American Antitrust Institute has come out with a white paper suggesting that the FTC’s challenge of the Whole Foods/Wild Oats merger is warranted (HT: Hanno): The FTC cites to numerous factors and questions that make a highly compelling case for looking closely at whether a Whole Foods/Wild Oats combination will tend substantially to ... Newsflash! AAI supports merger review!
Whole Foods: Where's the [premium, natural and organic] beef?
John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that prompted the FTC’s action. But most amazing of all is this comment: The claims that the FTC makes in the above two paragraphs [from the FTC press release] are simply ... Whole Foods: Where's the [premium, natural and organic] beef?
FTC's Whole Foods complaint: still bulls**t
As Manfred reports over at the Antitrust Review, the judge has unsealed the FTC’s complaint against Whole Foods. This unredacted version reveals an unhealthy reliance on hot docs by the FTC’s staff. I won’t belabor the point. But when you’re looking at marketing materials and reports to the board to identify anticompetitive intent (hmmm. I ... FTC's Whole Foods complaint: still bulls**t
More Thoughts on Whole Foods/Wild Oats
Geoff nailed it on the Whole Foods/Wild Oats affair last week. Always a day late and a dollar short, I’ve just written my own short piece on the FTC’s effort to block the merger of these two fancy grocers. My article appears on the website of the eSapience Center for Competition Policy (eCCP). You’ll have ... More Thoughts on Whole Foods/Wild Oats
PIPEs
I recently posted on SSRN one of the two articles I have committed to write for the Entrepreneurial Business Law Journal. It’s entitled PIPEs (note that I went with a “micro-title” and successfully resisted the urge (at least for now) of being “very punny,” e.g., PIPE bomb, Sewer PIPE, Burst PIPE, Smoking PIPE, PIPEline . ... PIPEs
FTC Rethinks Bad Pun?
Geoff’s post last week on the FTC’s move to block the Whole Foods/Wild Oats merger poked fun at a stupid pun appearing in the agency’s press release: “If Whole Foods is allowed to devour Wild Oats, it will mean higher prices, reduced quality, and fewer choices for consumers. That is a deal consumers should not ... FTC Rethinks Bad Pun?
Premium natural and organic bulls**t
It appears that the FTC is moving to stop the proposed Whole Foods/Wild Oats merger. Says the FTC: If Whole Foods is allowed to devour Wild Oats, it will mean higher prices, reduced quality, and fewer choices for consumers [in the premium natural and organic supermarkets market]. That is a deal consumers should not be ... Premium natural and organic bulls**t
Media Consolidation and Antitrust
One of the more interesting parts of Senator Herbert Kohl’s recent Antitrust interview, in which he also discussed airline mergers, concerned antitrust’s treatment of media consolidation. Here’s what the Senator had to say: It’s such a very important issue, media consolidation, because it has the potential to reduce if not eliminate the opportunities people have ... Media Consolidation and Antitrust
