Along with co-author Judd Stone, I’ve posted to SSRN our contribution to the Review of Industrial Organization‘s symposium on the 2010 Horizontal Merger Guidelines — The Sound of One Hand…

While the FCC has announced its approval of the Comcast-NBC deal, The problem of overlapping agency review of mergers arises once again.  We’ve discussed previously the costs of FCC merger view, and in particular,…

The WSJ reports that the DOJ is getting itself ready to challenge the Google-ITA merger (see earlier TOTM posts here and here): Justice Department staff lawyers have begun preparing legal documents for use in a…

The titular question is posed by Louis Kaplow (Harvard) in a recent piece in the Harvard Law Review that I suspect will attract a fair amount of attention.   I may have more…

Washington Legal Foundation is hosting a free webinar Friday, December 3rd at 10 am (EST) the New HMGs featuring John Thorne (Verizon) and Janet McDavid (Hogan Lovells).  Details on how…

Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers.  The first is a discussion of the DOJ’s case against…

A link to the video is available here. The video has all of the standard ingredients of a competitor complaint:  (1) a slogan (“Stand with Bob”), (2) anti-corporate rhetoric (“Freedom…

Leah Brannon and co-author Kathleen Bradish, both of Cleary Gottlieb Steen & Hamilton, offer a skeptical view: In the half-century since du Pont, lower courts have continued to view market…

Steve Salop, Serge Moresi, and John Woodbury have posted a very useful primer on the new HMGs new “value of diverted sales” approach to unilateral effects: the gross upward pricing…