Showing archive for: “FTC”
Fruits: Messy Mergers and Muddled Guidelines (Or, “Orange You Glad I Didn’t Say Banana?”)
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Eric Fruits (Chief Economist, International Center for Law & Economics and Professor of Economics, Portland State University).] Vertical mergers are messy. They’re messy ... Fruits: Messy Mergers and Muddled Guidelines (Or, “Orange You Glad I Didn’t Say Banana?”)
Cernak: Who Bears the Burden on Elimination of Double Marginalization in the Draft Vertical Merger Guidelines?
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Steven J. Cernak (Partner, Bona Law; Adjunct Professor, University of Michigan Law School and Western Michigan University Thomas M. Cooley Law School; former ... Cernak: Who Bears the Burden on Elimination of Double Marginalization in the Draft Vertical Merger Guidelines?
Brennan: Guidance on Enforcement Against “Pure” Vertical Mergers: It’s Complicated
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Timothy J. Brennan (Professor, Public Policy and Economics, University of Maryland; former Chief Economist, FCC; former economist, DOJ Antitrust Division).] The DOJ Antitrust ... Brennan: Guidance on Enforcement Against “Pure” Vertical Mergers: It’s Complicated
Werden and Froeb: The Conspicuous Silences of the Proposed Vertical Merger Guidelines
The proposed Vertical Merger Guidelines provide little practical guidance, especially on the key issue of what would lead one of the Agencies to determine that it will not challenge a vertical merger. Although they list the theories on which the Agencies focus and factors the Agencies “may consider,” the proposed Guidelines do not set out ... Werden and Froeb: The Conspicuous Silences of the Proposed Vertical Merger Guidelines
Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics
After much anticipation, the Department of Justice Antitrust Division and the Federal Trade Commission released a draft of the Vertical Merger Guidelines (VMGs) on January 10, 2020. The Global Antitrust Institute (GAI) will be submitting formal comments to the agencies regarding the VMGs and this post summarizes our main points. The Draft VMGs supersede the ... Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics
Slade: The Draft Vertical Merger Guidelines Are a Step in the Right Direction, But Uneven on Critical Issues
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Margaret E. Slade (Professor Emeritus, Vancouver School of Economics, The University of British Columbia).] A revision of the DOJ’s Non-Horizontal Merger Guidelines is ... Slade: The Draft Vertical Merger Guidelines Are a Step in the Right Direction, But Uneven on Critical Issues
Kolasky: The DOJ and FTC Should Revise Their Proposed Vertical Merger Guidelines to Emulate the EU’s
On January 10, the Department of Justice (DOJ) withdrew the 1984 DOJ Non-Horizontal Merger Guidelines, and, together with the Federal Trade Commission (FTC), released new draft 2020 Vertical Merger Guidelines (“DOJ/FTC draft guidelines”) on which it seeks public comment by February 26.[1] In announcing these new draft guidelines, Makan Delrahim, the Assistant Attorney General for ... Kolasky: The DOJ and FTC Should Revise Their Proposed Vertical Merger Guidelines to Emulate the EU’s
Nuechterlein: Guidelines without Guidance on Vertical Mergers
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here. This post is authored by Jonathan E. Nuechterlein (Partner, Sidley Austin LLP; former General Counsel, FTC; former Deputy General Counsel, FCC).] [Nuechterlein: I represented AT&T in United States ... Nuechterlein: Guidelines without Guidance on Vertical Mergers
Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers
In its 2019 AT&T/Time-Warner merger decision the D.C. Circuit Court of Appeals mentioned something that antitrust enforcers have known for years: We need a new set of Agency Guidelines for vertical mergers. The vertical merger Guidelines were last revised in 1984 at the height of Chicago School hostility toward harsh antitrust treatment of vertical restraints. ... Hovenkamp: The Draft Vertical Merger Guidelines Are an Important Step for the Economic Analysis of Mergers
Welcome to the TOTM Blog Symposium on the 2020 Draft Joint Vertical Merger Guidelines
The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020 Welcome! We’re delighted to kick off our two-day blog symposium on the recently released Draft Joint Vertical Merger Guidelines from the DOJ Antitrust Division and the Federal Trade Commission. If adopted by ... Welcome to the TOTM Blog Symposium on the 2020 Draft Joint Vertical Merger Guidelines
Announcing the TOTM Symposium on the 2020 Draft Joint Vertical Merger Guidelines
Truth on the Market is pleased to announce its next blog symposium: The 2020 Draft Joint Vertical Merger Guidelines: What’s in, what’s out — and do we need them anyway? February 6 & 7, 2020 Symposium background On January 10, 2020, the DOJ Antitrust Division and the Federal Trade Commission released Draft Joint Vertical Merger ... Announcing the TOTM Symposium on the 2020 Draft Joint Vertical Merger Guidelines
FTC v. AbbVie – Questioning the Agency’s Enforcement Authority
A pending case in the U.S. Court of Appeals for the 3rd Circuit has raised several interesting questions about the FTC enforcement approach and patent litigation in the pharmaceutical industry. The case, FTC v. AbbVie, involves allegations that AbbVie (and Besins) filed sham patent infringement cases against generic manufacturer Teva (and Perrigo) for the purpose ... FTC v. AbbVie – Questioning the Agency’s Enforcement Authority
