The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Mergers & Merger Enforcement”

A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets

As has been rumored in the press for a few weeks, today Comcast announced it is considering making a renewed bid for a large chunk of Twenty-First Century Fox’s (Fox) assets. Fox is in the process of a significant reorganization, entailing primarily the sale of its international and non-television assets. Fox itself will continue, but ... A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets

The Case for Doing Nothing: The ‘Problem’ of Common Ownership

As Thom previously posted, he and I have a new paper explaining The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms. Our paper is a response to cries from the likes of Einer Elhauge and of Eric Posner, Fiona Scott Morton, and Glen Weyl, who have called for various types ... The Case for Doing Nothing: The ‘Problem’ of Common Ownership

What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

Today would have been Henry Manne’s 90th birthday. When he passed away in 2015 he left behind an immense and impressive legacy. In 1991, at the inaugural meeting of the American Law & Economics Association (ALEA), Manne was named a Life Member of ALEA and, along with Nobel Laureate Ronald Coase, and federal appeals court ... What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

The illiberal vision of neo-Brandeisian antitrust

Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill Kovacic, Nicolas Petit, and Christine Caffarra also spoke. If we’re lucky Bruce will post his remarks on the FTC website; they were very ... The illiberal vision of neo-Brandeisian antitrust

Some Good News (Maybe?) from DOJ’s Antitrust Division

I remain deeply skeptical of any antitrust challenge to the AT&T/Time Warner merger.  Vertical mergers like this one between a content producer and a distributor are usually efficiency-enhancing.  The theories of anticompetitive harm here rely on a number of implausible assumptions — e.g., that the combined company would raise content prices (currently set at profit-maximizing ... Some Good News (Maybe?) from DOJ’s Antitrust Division

IMG-Learfield: An antitrust reality check on two-sided market mergers

Yesterday Learfield and IMG College inked their recently announced merger. Since the negotiations were made public several weeks ago, the deal has garnered some wild speculation and potentially negative attention. Now that the merger has been announced, it’s bound to attract even more attention and conjecture. On the field of competition, however, the market realities ... IMG-Learfield: An antitrust reality check on two-sided market mergers

The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition

In a recent post at the (appallingly misnamed) ProMarket blog (the blog of the Stigler Center at the University of Chicago Booth School of Business — George Stigler is rolling in his grave…), Marshall Steinbaum keeps alive the hipster-antitrust assertion that lax antitrust enforcement — this time in the labor market — is to blame ... The antitrust laws are not some meta-legislation authorizing whatever regulation activists want: Labor market edition

Professor Wright’s Latest Sage Advice: Stay Away from Unfocused “Big is Bad” Rhetoric in Assessing the Proposed AT&T-Time Warner Merger

Last October 26, Heritage scholar James Gattuso and I published an essay in The Daily Signal, explaining that the proposed vertical merger (a merger between firms at different stages of the distribution chain) of AT&T and Time Warner (currently undergoing Justice Department antitrust review) may have the potential to bestow substantial benefits on consumers – ... Professor Wright’s Latest Sage Advice: Stay Away from Unfocused “Big is Bad” Rhetoric in Assessing the Proposed AT&T-Time Warner Merger

Speaking at events next week on privacy/data security and merger enforcement

I’ll be participating in two excellent antitrust/consumer protection events next week in DC, both of which may be of interest to our readers: 5th Annual Public Policy Conference on the Law & Economics of Privacy and Data Security hosted by the GMU Law & Economics Center’s Program on Economics & Privacy, in partnership with the ... Speaking at events next week on privacy/data security and merger enforcement

A Brief Assessment of the Procompetitive Effects of Organizational Restructuring in the Ag-Biotech Industry

Today the International Center for Law & Economics (ICLE) Antitrust and Consumer Protection Research Program released a new white paper by Geoffrey A. Manne and Allen Gibby entitled: “A Brief Assessment of the Procompetitive Effects of Organizational Restructuring in the Ag-Biotech Industry.” Over the past two decades, rapid technological innovation has transformed the industrial organization of ... A Brief Assessment of the Procompetitive Effects of Organizational Restructuring in the Ag-Biotech Industry

Ag-biotech merger symposium wrap-up

On Thursday, March 30, Friday March 31, and Monday April 3, Truth on the Market and the International Center for Law and Economics presented a blog symposium — Agricultural and Biotech Mergers: Implications for Antitrust Law and Economics in Innovative Industries — discussing three proposed agricultural/biotech industry mergers awaiting judgment by antitrust authorities around the globe. These proposed ... Ag-biotech merger symposium wrap-up

Innovation as a shield and a club in the agribusiness mergers

People need to eat. All else equal, the more food that can be produced from an acre of land, the better off they’ll be. Of course, people want to pay as little as possible for their food to boot. At heart, the antitrust analysis of the pending agribusiness mergers requires a simple assessment of their ... Innovation as a shield and a club in the agribusiness mergers