Showing archive for: “Antitrust”
New State Merger-Review Laws Could Harm US Economy
Various states are ramping up their review of proposed mergers and acquisitions. Both Washington and Colorado have enacted new pre-merger notification statutes that will take effect this summer, and other states have introduced or are considering similar legislation. These changes could impose major new costs on potential merging parties and harm the U.S. economy. In ... New State Merger-Review Laws Could Harm US Economy
How Spain Is Politely Killing a Bank Merger
Rather than moving to formally block Banco Bilbao Vizcaya Argentaria’s (BBVA) proposed acquisition of Banco Sabadell, the Spanish government is signaling that it is prepared to attach such a broad set of conditions—justified in vague terms as serving the “public interest”—that the deal would likely collapse under its own weight. It’s a kind of regulatory ... How Spain Is Politely Killing a Bank Merger
A Hipster and a Hillbilly Walk into a Bar
A curious political convergence has been reshaping U.S. antitrust policy. Conservative populists have found common cause with the so-called “neo-Brandeisians” of the left—named for the late Supreme Court Justice Louis Brandeis—in seeking to challenge big business, particularly the tech giants. While both cohorts’ concerns about concentrated power deserve attention, their shared willingness to abandon the ... A Hipster and a Hillbilly Walk into a Bar
Could the DOJ and FTC Reform Regulations that Harm Competition?
When many think about monopolies and unfair business practices, they typically picture large corporations squashing smaller rivals. But there’s another significant culprit restricting competition that gets far less attention: government regulations themselves. The Trump administration has in recent weeks taken the first steps toward reining in some of these regulations. The U.S. Justice Department (DOJ) ... Could the DOJ and FTC Reform Regulations that Harm Competition?
California Leads the Charge in Systematically Dismantling US Federal Antitrust Law
The California Law Revision Commission (CLRC) is currently reviewing proposed amendments to the state’s antitrust statutes, particularly the Cartwright Act. As made clear in a recently published memo, a major goal of the effort is clearly to distance California from the perceived constraints of federal antitrust law that limit liability for single-firm conduct under Section ... California Leads the Charge in Systematically Dismantling US Federal Antitrust Law
Google Antitrust Remedies Could Harm the US Economy and Consumers
Google and the U.S. Justice Department (DOJ) will make their closing arguments tomorrow in the Google Search remedies trial. Judicial adoption of the DOJ’s recommendations to “break up” Google, stemming from this and another DOJ lawsuit, could seriously undermine American innovation and competitiveness and harm, not help, American consumers. Background The DOJ sued Google in ... Google Antitrust Remedies Could Harm the US Economy and Consumers
The Charter-Cox Merger Should Sail Through, But Will It?
Charter Communications Inc. and Cox Communications Inc. have announced a plan to merge in a $34.5 billion deal. The transaction would create the nation’s largest cable operator, surpassing Comcast, with approximately 38 million subscribers across 46 states. Predictably, the proposal triggered concerns about cable-industry consolidation. Yet the reflexive anxiety about “big cable getting bigger” misses ... The Charter-Cox Merger Should Sail Through, But Will It?
Justice Department Introduces ‘America First Antitrust’ Policy
Assistant U.S. Attorney General for Antitrust Gail Slater introduced what she called “America First Antitrust” in her first formal address as the U.S. Justice Department’s (DOJ) chief antitrust enforcer. Her remarks, delivered April 28 at Notre Dame Law School, argued that this policy centers on protecting individual liberty from both government and corporate tyranny. While details ... Justice Department Introduces ‘America First Antitrust’ Policy
Antitrust Applies to Unions as Well as to Employers
The Trump administration has signaled its interest in applying antitrust law to protect workers from harm. Business conduct that distorts competition in labor markets is, indeed, covered by the antitrust laws, and various labor-related antitrust-enforcement initiatives have been undertaken in recent years. In contrast, labor-union collective bargaining to improve wages and conditions of employment is ... Antitrust Applies to Unions as Well as to Employers
New York’s Failed Economic Case for Price-Gouging Enforcement
A major winter storm across northern New York State in January 1998 snapped power lines and left thousands without electricity, as temperatures plunged. In the small town of Chazy, just south of the Canadian border, a local hardware store stepped up. Chazy Hardware had just one generator on hand, but it managed to locate 54 ... New York’s Failed Economic Case for Price-Gouging Enforcement
The FTC’s Zombie Antitrust Action Against Meta Continues to Lurch Forward
FTC v. Meta Platforms Inc. has gone to court, and trial is just underway in the U.S. District Court for the District of Columbia. The Federal Trade Commission (FTC) alleges that Meta is currently, in 2025, engaged in monopolization in violation of Section 2 of the Sherman Antitrust Act by dint of having acquired Instagram ... The FTC’s Zombie Antitrust Action Against Meta Continues to Lurch Forward
Network Effects in FTC v Meta
The Federal Trade Commission’s (FTC) ongoing antitrust case against Meta has brought network effects into the spotlight, as the agency’s complaint and opening statement both lean heavily on networks as a source of competitive harm. But the commission’s arguments fundamentally misunderstand how network effects interact with competition in digital markets. Far from being solely anticompetitive ... Network Effects in FTC v Meta
