Showing archive for: “DOJ”
FTC Economists’ Paper Discredits Claims of Inappropriately “Weak” Merger Enforcement
During 2016 it became fashionable in certain circles to decry “lax” merger enforcement and to call for a more aggressive merger enforcement policy (see, for example, the American Antitrust Institute’s September 2016 paper on competition policy, critiqued by me in this blog post). Interventionists promoting “tougher” merger enforcement have cited Professor John Kwoka’s 2015 book, ... FTC Economists’ Paper Discredits Claims of Inappropriately “Weak” Merger Enforcement
When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers
I just posted a new ICLE white paper, co-authored with former ICLE Associate Director, Ben Sperry: When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers. Yesterday the hearing in the DOJ’s challenge to stop the Aetna-Humana merger got underway, and last week phase 1 of the Cigna-Anthem merger trial ... When Past Is Not Prologue: The Weakness of the Economic Evidence Against Health Insurance Mergers
Competition Policy for a New Administration
As Truth on the Market readers prepare to enjoy their Thanksgiving dinners, let me offer some (hopefully palatable) “food for thought” on a competition policy for the new Trump Administration. In referring to competition policy, I refer not just to lawsuits directed against private anticompetitive conduct, but more broadly to efforts aimed at curbing government ... Competition Policy for a New Administration
The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost
On September 28, the American Antitrust Institute released a report (“AAI Report”) on the state of U.S. antitrust policy, provocatively entitled “A National Competition Policy: Unpacking the Problem of Declining Competition and Setting Priorities for Moving Forward.” Although the AAI Report contains some valuable suggestions, in important ways it reminds one of the drunkard who ... The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost
The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
This week, the International Center for Law & Economics filed comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines. Overall, the guidelines present a commendable framework for the IP-Antitrust intersection, in particular as they broadly recognize the value of IP and licensing ... The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
Public comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines have, not surprisingly, focused primarily on fine points of antitrust analysis carried out by those two federal agencies (see, for example, the thoughtful recommendations by the Global Antitrust Institute, here). In a ... Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)
In a September 20 speech at the high profile Georgetown Global Antitrust Enforcement Symposium, Acting Assistant Attorney General Renata Hesse sent the wrong signals to the business community and to foreign enforcers (see here) regarding U.S. antitrust policy. Admittedly, a substantial part of her speech was a summary of existing U.S. antitrust doctrine. In certain ... Acting AAG’s Policy Speech Sends the Wrong Signals on Antitrust Enforcement (or “a Wild Ride Back to the Fifties and Sixties”)
Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
The Global Antitrust Institute (GAI) at George Mason University’s Antonin Scalia Law School released today a set of comments on the joint U.S. Department of Justice (DOJ) – Federal Trade Commission (FTC) August 12 Proposed Update to their 1995 Antitrust Guidelines for the Licensing of Intellectual Property (Proposed Update). As has been the case with ... Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
Justice Department Ignores the Benefits of Contracting Freedom in its Crabbed Reading of Music Distribution Decrees
The Antitrust Division of the U.S. Department of Justice (DOJ) ignored sound law and economics principles in its August 4 decision announcing a new interpretation of seventy-five year-old music licensing consent decrees it had entered into separately with the two major American “performing rights organizations” (PROs) — the American Society of Composers, Authors, and Publishers ... Justice Department Ignores the Benefits of Contracting Freedom in its Crabbed Reading of Music Distribution Decrees
Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy
The Global Antitrust Institute (GAI) at George Mason University Law School (officially the “Antonin Scalia Law School at George Mason University” as of July 1st) is doing an outstanding job at providing sound law and economics-centered advice to foreign governments regarding their proposed antitrust laws and guidelines. The GAI’s latest inspired filing, released on July ... Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy
Critics of health insurance mergers misapply the evidence and misinterpret the market
As regulatory review of the merger between Aetna and Humana hits the homestretch, merger critics have become increasingly vocal in their opposition to the deal. This is particularly true of a subset of healthcare providers concerned about losing bargaining power over insurers. Fortunately for consumers, the merger appears to be well on its way to ... Critics of health insurance mergers misapply the evidence and misinterpret the market
Senator Lee’s prescription for regulatory failure in the generic drug market
Brand drug manufacturers are no strangers to antitrust accusations when it comes to their complicated relationship with generic competitors — most obviously with respect to reverse payment settlements. But the massive and massively complex regulatory scheme under which drugs are regulated has provided other opportunities for regulatory legerdemain with potentially anticompetitive effect, as well. In ... Senator Lee’s prescription for regulatory failure in the generic drug market
