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Whole Foods: Where’s the [premium, natural and organic] beef?

TOTM John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that . . .

John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that prompted the FTC’s action.  But most amazing of all is this comment…

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Antitrust & Consumer Protection

FTC’s Whole Foods complaint: still bulls**t

TOTM As Manfred reports over at the Antitrust Review, the judge has unsealed the FTC’s complaint against Whole Foods. This unredacted version reveals an unhealthy reliance . . .

As Manfred reports over at the Antitrust Review, the judge has unsealed the FTC’s complaint against Whole Foods. This unredacted version reveals an unhealthy reliance on hot docs by the FTC’s staff. I won’t belabor the point.  But when you’re looking at marketing materials and reports to the board to identify anticompetitive intent (hmmm.  I didn’t know intent was relevant in merger cases . . . .) through “fighting words” and “smoking guns,” you’re barking up the wrong tree. It is little or no evidence of likely anticompetitive effect that Whole Food’s outspoken CEO claims that purchasing Wild Oats will remove “forever or almost forever” the threat to Whole Food’s market.

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Antitrust & Consumer Protection

Premium natural and organic bulls**t

TOTM It appears that the FTC is moving to stop the proposed Whole Foods/Wild Oats merger. Read the full piece here.

It appears that the FTC is moving to stop the proposed Whole Foods/Wild Oats merger.

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Antitrust & Consumer Protection

FTC/DOJ Section 2 Hearings Explore Monopoly Power

TOTM For the next two days, the Section 2 Hearings will explore “different methods of evaluating monopoly power in single-firm conduct cases, including issues relating to . . .

For the next two days, the Section 2 Hearings will explore “different methods of evaluating monopoly power in single-firm conduct cases, including issues relating to market definition, the Cellophane fallacy, the use of direct evidence, single-firm markets, and technology markets.”

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Antitrust & Consumer Protection

Starbucks Antitrust Update

TOTM WSJ Law Blog offers a follow up (and the complaint!) to Keith’s post (also check out the discussion in the comments) on the antitrust suit . . .

WSJ Law Blog offers a follow up (and the complaint!) to Keith’s post (also check out the discussion in the comments) on the antitrust suit filed by an independent coffee shop owner against Starbucks concerning the use of exclusive leases with landowners. After reviewing the complaint, I agree with Lauren Albert, the antitrust lawyer quoted in Lattman’s story who concludes that: “The facts here don’t really seem to allege a violation of antitrust law.” Indeed, they do not.

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Antitrust & Consumer Protection

Manne & Williamson get results from the FTC and DOJ!

TOTM My co-author, Marc Williamson, just alterted me to this section in the recently-published FTC/DOJ Merger Guidelines Commentary (.pdf)… Read the full piece here.

My co-author, Marc Williamson, just alterted me to this section in the recently-published FTC/DOJ Merger Guidelines Commentary (.pdf)…

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Antitrust & Consumer Protection

Globetrotters Update

TOTM Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC . . .

Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC regarding the Globetrotters’ use of exclusivity windows in sports arena leases. In response to our debate, the Harlem Ambassadors’ founder and president Dale Moss emailed us some very interesting comments.

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Antitrust & Consumer Protection

A Reply to McCann on the Globetrotters

TOTM Professor McCann responds to my earlier post about the Globetrotters use of exclusive contracts, and more generally, erroneously inferring monopoly power from the observation of . . .

Professor McCann responds to my earlier post about the Globetrotters use of exclusive contracts, and more generally, erroneously inferring monopoly power from the observation of a single firm winning the competition for exclusives…

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Antitrust & Consumer Protection

Hanno Kaiser’s antitrust primer

TOTM While we’re on the topic of antitrust, I thought I would take this opportunity to draw our readers’ attention to a nice series of posts . . .

While we’re on the topic of antitrust, I thought I would take this opportunity to draw our readers’ attention to a nice series of posts over at Antitrust Review. Collectively these posts make up the beginnings of an excellent primer on antitrust economics, told in Hanno Kaiser’s inimitable manner. I don’t agree with all of it, but all of it is thoughtful and well-taken. Well worth a read in your spare time.

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Antitrust & Consumer Protection