Showing archive for: “Sherman Antitrust Act”
Antitrust & Private Equity
WSJ Deal Journal reports some important movement on the antitrust and private equity front. Specifically, Judge Richard Jones (W.D. Washington) granted the defendants’ motion to dismiss in Pennsylvania Avenue Funds v. Borey, dismissing the plaintiffs’ allegations that two private equity firms had violated the Sherman Act by bidding jointly on the target company (Watchguard Technologies) ... Antitrust & Private Equity
Antitrust Limits on Merger Decision Markets?
At Overcoming Bias, Robin Hanson points to the absence of decision markets evaluating competitive conditions in the post-merger world as evidence that “these companies are just not serious about finding the highest value applications of prediction markets.” Here’s a description of the markets that Robin has in mind: Decision markets could say whether this merger ... Antitrust Limits on Merger Decision Markets?
Antitrust (Over-?)Confidence
Thom was recently invited to draft a critical response to a symposium at the Institute for Consumer Antitrust Studies on the future of single firm conduct. The transcript from the Roundtable Discussion is available on SSRN. Thom graciously asked me to join him in drafting a short critical piece to the symposium. It is difficult ... Antitrust (Over-?)Confidence
Supreme Court Denies Cert in Antitrust Case
The Supreme Court denied cert yesterday in Truck-Rail Handling Inc. v. Burlington Northern & Sante Fe Railway Co., U.S., No. 07-693 (HT: Danny Sokol), where the 9th Circuit had affirmed summary judgment for the railroad company on the grounds that the plaintiff had not adequately defined relevant product markets. BNSF leased its terminal facilities to ... Supreme Court Denies Cert in Antitrust Case
Starbucks, Subway, and Antitrust
A few days ago, I posted a comment about Starbucks’ recent disclosure that its average per store traffic has gone down slightly even though overall profits have gone up. I suggested a number of explanations for these phenomena consistent with a story that consumer taste for the Starbucks product has not diminished. One of these ... Starbucks, Subway, and Antitrust
I'm a one issue voter
Ok, that’s not really true. In actuality, I don’t generally vote. But if I did vote, I think the time is right to be a one issue voter on the issue of antitrust policy. Seems like everyone has a view on the topic these days.  And on that one issue alone, Hilary Clinton resoundingly and conclusively ... I'm a one issue voter
The Aftermath of a Type I Error: The Case of Conwood Co. v. United States Tobacco
It looks like California consumers, unlike their counterparts in several other states, will be getting cash instead of coupons in their settlement against U.S. Tobacco in one of the many follow-on actions to Conwood Co. v. United States Tobacco. The settlement looks to be in the range of $96 million with qualifying customers taking home ... The Aftermath of a Type I Error: The Case of Conwood Co. v. United States Tobacco
Edwards, Antitrust, and the Return of Von's Grocery?
AAI continues its series of antitrust policy statements from presidential candidates with a submission from John Edwards. Again, I’m very pleased that the AAI was successful in getting this series of submissions together and inducing candidates to share their thoughts on antitrust policy. So what does Edwards have to say? Edwards’ statement has in common ... Edwards, Antitrust, and the Return of Von's Grocery?
Interesting Section 2 Developments
A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.). First, the Ninth Circuit’s decision in Cascade Health Solutions v. PeaceHealth reversed the district court’s Lepage’s based jury instruction in ... Interesting Section 2 Developments
Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
While the antitrust nerds of the world (including yours truly) have been all atwitter over Leegin’s renunciation of Dr. Miles, another antitrust decision from October Term 2006 may turn out to be more significant in the long run. I’m speaking of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., in which the Supreme Court considered whether ... Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
In a California Bar Journal, Professor Chemerinsky documents what he describes as the Supreme Court’s “sharp turn to the right.” Ted Frank describes Chemerinsky’s review of the term as “not especially honest” and discusses a few cases there. So what does Chemerinsky make of the recent antitrust decisions? Your hint is that the section is titled: ... Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
How to Survive A Motion to Dismiss After Twombly
David Fischer at Antitrust Review points to a decision out of the Eastern District of Pennsylvania where plaintiffs’ allegations of conspiracy in violation of Section 1 of the Sherman Act survived a motion to dismiss. Recall that Twombly rejected the “any set of facts” or “conceivability” standard set forth in Conley v. Gibson in favor ... How to Survive A Motion to Dismiss After Twombly
