How the FTC’s Amazon Case Gerrymanders Relevant Markets and Obscures Competitive Processes
As Greg Werden has noted, the process of defining the relevant market in an antitrust case doesn’t just finger which part of the economy is allegedly . . .
How the FTC’s Amazon Case Gerrymanders Relevant Markets and Obscures Competitive Processes
What Do We Do with Presumptions in Antitrust?
Winter was coming, as it does. We knew the agencies were going to issue new merger guidelines, and then they did. On Dec. 18, 2023, . . .
A European Commission Challenge to iRobot’s Acquisition Is Unjustified and Would Harm Dynamic Competition
Once again, a major competition agency, the European Commission, appears poised to take an anticompetitive enforcement action—in this case, blocking Amazon’s acquisition of consumer robotic-manufacturer . . .
Four Problems with the Supreme Court’s Refusal To Hear the Epic v Apple Dispute
The U.S. Supreme Court this week rejected both parties’ petitions for certiorari in appeals of the 9th U.S. Circuit Court of Appeals’ decision Epic Games . . .
The Conundrum of Out-of-Market Effects in Merger Enforcement
Section 7 of the Clayton Act prohibits mergers that harm competition in “in any line” of commerce. And, indeed, the Supreme Court’s decisions in Philadelphia National . . .
FTC v. Illumina/Grail – A Rare FTC Merger Victory? (Actually, a Loss for Consumers)
Although it was overshadowed by the Federal Trade Commission (FTC) and U.S. Justice Department’s (DOJ) year-end release of the 2023 merger guidelines, one should also note . . .
In Reforming Its Antitrust Act, Argentina Should Not Ignore Its Institutional Achilles Heel
As part of a set of “shock therapy” measures introduced to deregulate and stabilize its economy, the Argentinian government led by newly elected President Javier . . .
Three Problems with Accelerated Access: Will They Be Overcome?
This post discusses three important problems with the Food and Drug Administration’s (FDA) accelerated-approval process. The first is that regulatory authorities and patient groups maintain . . .
The Porcine 2023 Merger Guidelines (The Pig Still Oinks)
Well, they have done it. On Dec. 18, the Federal Trade Commission (FTC) and U.S. Justice Department (DOJ) issued their final 2023 merger guidelines, as an . . .