Showing archive for: “Clayton Act”
Vintage Statute, Sour Results: The Robinson-Patman Revival in FTC v. Southern Glazer’s
Toward the end of the Biden administration, the Federal Trade Commission (FTC) sought to revive the Robinson-Patman Act of 1936 (RPA), a statute federal enforcers had largely shelved for three decades. The law is also enforceable by private plaintiffs who claim antitrust injury from RPA violations. Enacted during the Great Depression to shield small grocers ... Vintage Statute, Sour Results: The Robinson-Patman Revival in FTC v. Southern Glazer’s
Antitrust at the Agencies: Meta Analysis Edition
The memorandum and order in FTC v. Meta Platforms Inc. that U.S. District Court Judge James E. Boasberg filed Nov. 18, ruling in favor of Meta, has now been followed by a Dec. 2 revised order that contained fewer redactions. The memorandum doesn’t exactly provide the law & economics analysis I would have produced, had ... Antitrust at the Agencies: Meta Analysis Edition
Reducing Merger Uncertainty Could Help the American Economy
The second Trump administration has been signaling a move away from the Biden administration’s policy of actively discouraging mergers. This change in direction could benefit the U.S. economy. But some merger uncertainty remains, rooted in the administration’s decision to retain 2023 merger guidelines. Targeted revisions to those guidelines—or, at the very least, public pronouncements designed ... Reducing Merger Uncertainty Could Help the American Economy
M&A Enforcement Easing Under the Trump Administration
The federal antitrust agencies appear to be easing up on merger enforcement, ditching a Biden administration policy of discouraging mergers. This change in direction could promote enhanced American innovation and economic growth. M&A Economic Benefits Mergers and acquisitions (M&A) generate various major economic benefits: They reallocate badly managed commercial assets to higher-valued uses, raising business ... M&A Enforcement Easing Under the Trump Administration
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?
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
Antitrust at the Agencies: Private Anticompetitive Censorship Edition
A Feb. 20 press release from the Federal Trade Commission (FTC) announces “Federal Trade Commission Launches Inquiry on Tech Censorship.” That is, “a public inquiry to better understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliations, and how this conduct may have violated the ... Antitrust at the Agencies: Private Anticompetitive Censorship Edition
The FTC Shouldn’t Turn Back the Clock on Merger Analysis
In a recent memo to staff of the Federal Trade Commission (FTC), Chairman Andrew Ferguson explained that they should continue using the merger guidelines that the FTC and U.S. Justice Department Antitrust Division adopted jointly in 2023. Ferguson’s memo noted that “the clear lesson of history is that we should prize stability” in merger policy. ... The FTC Shouldn’t Turn Back the Clock on Merger Analysis
The FTC Should Consider Ditching Antitrust Cases that Harm American Consumers
At the tail end of the Biden administration, the Federal Trade Commission (FTC) authorized two Robinson-Patman Act (RPA) lawsuits—one each dealing with liquor and soft-drink distribution discounts—that, if pursued, are likely to harm American consumers while wasting scarce government prosecutorial resources. The new FTC leadership may wish to consider withdrawing these cases and deemphasizing the ... The FTC Should Consider Ditching Antitrust Cases that Harm American Consumers
Why Trump May Consolidate Federal Antitrust Enforcement
President-elect Donald Trump’s new “Department of Government Efficiency” has been tasked with providing advice and guidance on reducing government waste and restructuring federal agencies. One act of restructuring that may warrant consideration would involve consolidating all federal antitrust enforcement within the U.S. Justice Department (DOJ). There are strong arguments that this would reduce waste. In addition, ... Why Trump May Consolidate Federal Antitrust Enforcement
Antitrust at the Agencies: The Meat of the Matter Edition
The Federal Trade Commission (FTC) issued comments Sept. 11 in support of a proposed U.S. Department of Agriculture (USDA) rule that “seeks to clarify the scope of what constitutes unfair practices under the Packers and Stockyards Act (PSA), which assures fair competition and fair trade practices to protect farmers, ranchers, growers, and consumers.” In the ... Antitrust at the Agencies: The Meat of the Matter Edition
Vacatur’s All I Ever Wanted
Yep, more about noncompetes. I’ve been at this a bit. I’m aware. Just last week, and then again here, here, here, here, and here at Truth on the Market; here in a more formal journal article; and here with my International Center for Law & Economics (ICLE) colleagues and scholars of law and economics. Maybe ... Vacatur’s All I Ever Wanted
