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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.
Read the full piece here.
TOTM Geoff nailed it on the Whole Foods/Wild Oats affair last week. Always a day late and a dollar short, I’ve just written my own short . . .
Geoff nailed it on the Whole Foods/Wild Oats affair last week. Always a day late and a dollar short, I’ve just written my own short piece on the FTC’s effort to block the merger of these two fancy grocers.
TOTM Geoff’s post last week on the FTC’s move to block the Whole Foods/Wild Oats merger poked fun at a stupid pun appearing in the agency’s . . .
Geoff’s post last week on the FTC’s move to block the Whole Foods/Wild Oats merger poked fun at a stupid pun appearing in the agency’s press release: “If Whole Foods is allowed to devour Wild Oats, it will mean higher prices, reduced quality, and fewer choices for consumers. That is a deal consumers should not be required to swallow.” Geoff called the remark “very punny.” I, too, thought the remark was a bit too cute when I read it last Wednesday on the FTC’s website. A number of news articles on the FTC’s decision (e.g., here, here, and here) quoted the same pun from the press release. One assumes it was formulated as a soundbite for news stories.
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.
TOTM The FTC’s Bureau of Economics has scheduled a conference that looks very interesting and concerns a subject near and dear to my heart: antitrust in . . .
The FTC’s Bureau of Economics has scheduled a conference that looks very interesting and concerns a subject near and dear to my heart: antitrust in the supermarket! Sadly, I will not be able to attend as I am going to take a little bit of a paper grading/ battery re-charge vacation for the next few weeks before starting my full-time tour of duty at the Commission.
TOTM As David points out over at Antitrust Review, the FTC has redesigned its website. It is much easier to use than the old version and . . .
As David points out over at Antitrust Review, the FTC has redesigned its website. It is much easier to use than the old version and includes much easier access to content.
TOTM I was searching through the eCCP site for some interesting antitrust reading material, which it always carries in surplus, and came across this testimony from . . .
I was searching through the eCCP site for some interesting antitrust reading material, which it always carries in surplus, and came across this testimony from Joe Sims (here is his Jones Day bio) at the Section 2 hearings discussing the lack of certainty in monopolization cases…
TOTM There’s just so much paper going back and forth on Leegin that it’s hard to keep up. In addition to various briefs and commentaries and . . .
There’s just so much paper going back and forth on Leegin that it’s hard to keep up.
In addition to various briefs and commentaries and Commissioner Harbour’s de facto brief (also discussed here), there has been some interesting correspondence between Rep. Conyers, Chair of the House Committee on the Judiciary, and Deborah Platt Majoras, Chair of the FTC.
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.”
