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Showing 9 of 117 Results in Market Definition
TOTM As the start of the new academic year inches closer, and students are deciding what courses to take, I thought I’d give a little plug . . .
As the start of the new academic year inches closer, and students are deciding what courses to take, I thought I’d give a little plug to antitrust law. I’ve seen enrollment in antitrust courses vary dramatically over the past 10 years or so since I was a student and now as a professor. I certainly know the case against taking antitrust: “its not a bar course,” “you have to know a bunch of economics, right?”, and “its really difficult.” But I hear this question from students frequently and I thought I’d share my typical answer to the titular question here…
Read the full piece here.
TOTM Geoff and Thom (see the comments) continue to have the Whole Foods litigation covered. I don’t and can’t have anything to add to their comments . . .
Geoff and Thom (see the comments) continue to have the Whole Foods litigation covered. I don’t and can’t have anything to add to their comments about the particulars of the litigation. I will note, playing off my previous post on bad case law out there looking to be overturned, that there is significant demand for some guidance from the Supreme Court on horizontal mergers and market definition in particular.
TOTM The DC Circuit has reversed the district court in the Whole Foods case. The opinion is here. [HT: Danny Sokol] As regular readers know, we . . .
The DC Circuit has reversed the district court in the Whole Foods case. The opinion is here. [HT: Danny Sokol]
As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review. I wouldn’t be surprised if Thom is disappointed with the standard adopted by the DC Circuit in its appeal, and I look forward to his thoughts.
TOTM Jonathan Baker (American University) has posted Market Concentration in the Antitrust Analysis of Horizontal Mergers to SSRN. Baker’s article is another of the entries which . . .
Jonathan Baker (American University) has posted Market Concentration in the Antitrust Analysis of Horizontal Mergers to SSRN. Baker’s article is another of the entries which will be appearing in the forthcoming Antitrust Law and Economics volume edited by Keith Hylton (Elgar Publishing) (see this post for links to others).
TOTM Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex . . .
Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex ante competition, or “competition for the field,” in the form of payments to automobile manufacturers to adopt their services. Geoff thinks the DOJ’s press release contains some funny language appearing to suggest that the existence of exclusive contracts meant that there was not competition. I think the relevant language is in the second sentence of the press release…
TOTM The Washington Post is reporting that the long-embattled Sirius/XM merger has received DOJ approval (FCC approval still pending) (HT: David Fischer). About time, I’d say . . .
The Washington Post is reporting that the long-embattled Sirius/XM merger has received DOJ approval (FCC approval still pending) (HT: David Fischer). About time, I’d say (it’s been two years). See all of the ToTM posts on the topic here…
TOTM 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 . . .
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) in order to “artificially fix the price … or rig the tender offer bids for WatchGuard shares” after initially submitting independent bids.
TOTM The FTC has filed its primary appellate brief in the Whole Foods case. In essence, the brief asserts two claims: that the district court evaluated . . .
The FTC has filed its primary appellate brief in the Whole Foods case. In essence, the brief asserts two claims: that the district court evaluated the Commission’s request for a preliminary injunction under an overly stringent legal standard, and that the court improperly discounted the Commission’s evidence that a Whole Foods/Wild Oats merger would reduce competition and harm consumers. While the Commission is wrong on both points, this appeal might be a good thing — it could provide the courts (maybe even the Supreme Court!) with an opportunity to do some much-needed house cleaning on merger policy.
TOTM 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 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.
