Showing results for: “sirius xm merger”
What Do Elvis Sightings and Alien Abductions Have to Do With Merger Analysis?
Read Luke Froeb’s post to find out.
Froeb on Economics in Whole Foods
Here’s a taste of the reaction of former FTC Bureau of Economics Director Luke Froeb to some of the economic analysis in the recent Whole Foods merger case: The heavily redacted court documents refer to entry “experiments” to determine the degree of substitution between the two merging stores. We found the following on the Whole ... Froeb on Economics in Whole Foods
Welcome the Newest TOTM Blogger: Robert T. Miller
On behalf of everyone here at TOTM, please join me in welcoming Robert T. Miller as our newest permanent blogger. Robert is an assistant professor at Villanova University School of Law. Prior to joining the faculty at Villanova, Robert was an associate with Wachtell, Lipton, Rosen & Katz and a visiting assistant professor at Cardozo ... Welcome the Newest TOTM Blogger: Robert T. Miller
I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.
I’m not one to gloat. Ok, yes i am. As Thom indicated, the court reached what I believe is the right result in the Whole Foods case yesterday. I’ve been beating this drum since the merger challenge was announced (I won’t bother linking, yet again, to the series of posts. Search for “Whole Foods” up ... I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.
Manne Vindicated!
Geoff made all the right arguments on the FTC’s embarrassing effort to thwart the Whole Foods/Wild Oats merger. Indeed, he was one of the first to do so and thereby earned an honored link on Whole Foods’ website. Judge Paul Friedman of the United States District Court for the District of Columbia just denied the ... Manne Vindicated!
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
