Showing archive for: “Mergers & Merger Enforcement”
Professor Carrier’s Response
First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the ... Professor Carrier’s Response
Some Links
Pharma Mergers! The unintended consequences of disability law (Freakonomics) Posner on the Failure of Capitalism — a book I that I suspect will attract much attention Congratulations to Scott Kieff who is heading from Wash U to GW The FTC gets PI in CCC/Mitchell
Whole Foods Throws in the Towel — Congrats to the FTC!
The witch hunt is over. Last evening, the FTC announced that it would drop its antitrust action against high-end grocer Whole Foods in exchange for the chain’s agreement to sell 32 stores and to give up the rights to Wild Oats’ name. FTC Chairman Jon Leibowitz proclaimed that “[a]s a result of this settlement, American ... Whole Foods Throws in the Towel — Congrats to the FTC!
Perspectives on Ticketmaster/Live Nation
Links to the Congressional testimony are available here (including from Luke Froeb), an informative article in the WSJ, and another at MSNBC quoting Boston University’s Keith Hylton on the possibility that the post-merger firm would force sellers to reduce fees and pass-on lower ticket prices to consumers.
Whole Foods Remand Update
From the Blog of Legal Times: Yesterday, Friedman sided with the FTC’s interpretation of the D.C. Circuit’s three-way opinion. He will limit his role on remand, which is exactly what lawyers for the FTC said the D.C. Circuit wanted. The Whole Foods lawyers—including Dechert partners Paul Friedman (not the judge) and Paul Denis—urged Friedman to ... Whole Foods Remand Update
Welcome Guest Blogger Mary Coleman
Bill’s shift to emeritus status and move to Arizona are not the only changes at TOTM for the coming new year. We’ve also got some plans to make sure that we’re feeding our loyal readers a steady stream of law, economics, and business content. One of these plans can’t wait for the New Year. We’ve ... Welcome Guest Blogger Mary Coleman
No Ovation for FTC's Latest Enforcement Theory
The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District of Minnesota. Here’s the explanation of the case from the press release: The Federal Trade Commission today filed a complaint in federal district court challenging Ovation Pharmaceuticals, Inc.’s January 2006 ... No Ovation for FTC's Latest Enforcement Theory
The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en banc could turn out poorly: Either the court would grant the motion and correct the panel’s mistakes, or the court would deny the motion, setting up an attractive opportunity for ... The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Commissioner Rosch v. Economics, Again
I’ve been critical of the Federal Trade Commission, and particularly Commissioner Rosch, for embracing what I think is a dangerously obsolete view of the role of economics in antitrust. First, it was the Section 2 Report response and before that, it was Commissioner Rosch’s observation that “any kind of economic analyses that require the use ... Commissioner Rosch v. Economics, Again
Exclusivity Agreements, the Bailout Act, and Section 126(c)
The Wachovia-Citigroup-Wells Fargo dance continues. Now, however, it seems to involve confusion about Section 126(c) of the newly adopted Emergency Economic Stabilization Act (“EESA”). Allow me to take a stab at clarifying. To bring everyone up to speed, last weekend, after Lehman was allowed to go belly-up and Washington Mutual was seized by the FDIC, ... Exclusivity Agreements, the Bailout Act, and Section 126(c)
Coate on Unilateral Effects at the FTC
FTC economist Malcolm Coate has posted Unilateral Effects Under the Guidelines: Models, Merits and Merger Policy to SSRN. Here’s the abstract: This paper models FTC unilateral effects merger policy using a broad sample of 153 investigations undertaken between 1993 and 2005. Standard unilateral effects analysis proposes a range of models for competitive effects. A review ... Coate on Unilateral Effects at the FTC
Questions on the Bailout
From Peter Klein: Over and over during the last week we’ve been told that unless Congress, the Treasury, and the Fed “take”bold action,” credit markets will freeze, equity values will plummet, small businesses and homeowners will be wiped out, and, ultimately, the entire economy will crash. Such pronouncements are issued boldly, with a sort of ... Questions on the Bailout
