Showing archive for: “DOJ”
Apple Responds to the DOJ e-Books Complaint
Apple has filed its response to the DOJ Complaint in the e-books case. Here is the first paragraph of the Answer: The Government’s Complaint against Apple is fundamentally flawed as a matter of fact and law. Apple has not “conspired” with anyone, was not aware of any alleged “conspiracy” by others, and never “fixed prices.” ... Apple Responds to the DOJ e-Books Complaint
When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google
Last week, the FTC hired outside litigator Beth Wilkinson to lead an investigation into Google’s conduct, which some in the press have interpreted as a grave sign for the search company. The FTC is reportedly interested in pursuing Google under Section 5 of the FTC Act, which prohibits a firm from engaging in “unfair methods ... When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google
More Misguided Derision from Critics of the Verizon-SpectrumCo Wireless Deal
The pending wireless spectrum deal between Verizon Wireless and a group of cable companies (the SpectrumCo deal, for short) continues to attract opprobrium from self-proclaimed consumer advocates and policy scolds. In the latest salvo, Public Knowledge’s Harold Feld (and other critics of the deal) aren’t happy that Verizon seems to be working to appease the regulators by selling off ... More Misguided Derision from Critics of the Verizon-SpectrumCo Wireless Deal
The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple
Did Apple conspire with e-book publishers to raise e-book prices? That’s what DOJ argues in a lawsuit filed yesterday. But does that violate the antitrust laws? Not necessarily—and even if it does, perhaps it shouldn’t. Antitrust’s sole goal is maximizing consumer welfare. While that generally means antitrust regulators should focus on lower prices, the situation is more ... The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple
My Professor, My Judge, and the Doctrine of Judicial Review
Imagine if you picked up your morning paper to read that one of your astronomy professors had publicly questioned whether the earth, in fact, revolves around the sun. Or suppose that one of your economics professors was quoted as saying that consumers would purchase more gasoline if the price would simply rise. Or maybe your ... My Professor, My Judge, and the Doctrine of Judicial Review
DOJ’s Latest on Apple Investigation
From the WSJ: Publishers argue that the agency model promotes competition by allowing more booksellers to thrive. They say Amazon had sold e-books below cost and that agency pricing saved book publishers from the fate suffered by record companies. But the Justice Department believes it has a strong case that Apple and the five publishers ... DOJ’s Latest on Apple Investigation
The Apple E-Book Kerfuffle Meets Alfred Marshall’s Principles of Economics
From a pure antitrust perspective, the real story behind the DOJ’s Apple e-book investigation is the Division’s deep commitment to the view that Most-Favored-Nation (MFN) clauses are anticompetitive (see also here), no doubt spurred on at least in part by Chief Economist Fiona Scott-Morton’s interesting work on the topic. Of course, there are other important ... The Apple E-Book Kerfuffle Meets Alfred Marshall’s Principles of Economics
The DOJ’s Problematic Attack on Property Rights Through Merger Review
The DOJ’s recent press release on the Google/Motorola, Rockstar Bidco, and Apple/ Novell transactions struck me as a bit odd when I read it. As I’ve now had a bit of time to digest it, I’ve grown to really dislike it. For those who have not followed Jorge Contreras had an excellent summary of events ... The DOJ’s Problematic Attack on Property Rights Through Merger Review
Congratulations to Bill Baer
President Obama has, as rumored, appointed Bill Baer (Arnold & Porter) to head the Antitrust Division. Reuters reports: Baer, who is the chair of Arnold and Porter’s Antitrust Practice Group, also previously headed the Federal Trade Commission’s competition division when it stopped a merger between Staples and Office Depot in 1997. He will replace Sharis ... Congratulations to Bill Baer
Some Antitrust Links
Commissioner Rosch makes the case for cert in FTC v. Lundbeck Will Bill Baer (Arnold & Porter) replace Sharis Pozen at DOJ? (Bloomberg) Private suits follow as the FTC consent decree in Pool Corp “has spawned a batch of lawsuits in California, Louisiana and Florida over allegations that the company’s tactics drove up prices, stifled ... Some Antitrust Links
Divining a Regulator’s Intent
Regulated firms and their Washington lawyers study agency reports and public statements carefully to figure out the rules of the road; the clearer the rules, the easier it is for regulated firms to understand how the rules affect their businesses and to plan accordingly. So long as the regulator and the regulated firm are on ... Divining a Regulator’s Intent
Social Search, Efficiencies of Integration, and Antitrust
The web is all abuzz about possible antitrust implications concerning Google’s new personalized search (see, e.g., here and here), integrating search with Google Plus. Here is Google’s description of “Search, plus Your World”: We’re transforming Google into a search engine that understands not only content, but also people and relationships. We began this transformation with ... Social Search, Efficiencies of Integration, and Antitrust
