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Corporate & Securities Law

Antitrust Review

Antitrust law and economics

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Last Entry: April 02, 2010 at 12:07:35

1992 Merger Guidelines to be Revised (and Market Definition Here to Stay)

Posted on September 22, 2009
Today at the Georgetown Law Global Antitrust Enforcement Symposium, the Chair of the Federal Trade Commission, Jon Leibowitz, announced that DOJ’s Antitrust Division and the FTC will undertake a revision of the 1992 Merger Guidelines. A series of workshops is scheduled to determine whether the Guidelines need revision, and what the revisions should be...

Google & Intel

Posted on September 21, 2009
Two quick links. First, Randy Picker has some very detailed analysis of the DOJ filing in the Google-Book Search case. Second, the EC has posted a non-confidential version of its decision in the Intel matter. Also, there is a press release.

Only that which is planned is rational (or not)

Posted on August 30, 2009
Here is a Sunday afternoon conjecture about a common divide between Americans and Europeans when it comes to the emotional appeal of free markets. The Continental enlightenment was very much driven by philosophical rationalism, which in the administrative realm found its expression in the belief that only that which is planned is rational (Prussia, France)...

Section 7 is focused on competition, not price. A comment on Leary?s discussion of the Ovation case.

Posted on August 19, 2009
In a recent Antitrust Magazine article (login required), Thomas Leary explores the implications of Commissioner Rosch’s concurring statement in the Ovation matter, in which Rosch explained why he would have challenged not only Ovation’s acquisition of Neoprofen but also its prior acquisition of Indocin from Merck...

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Open Source Business Strategies

Posted on August 16, 2009
Here is a useful article by John Koenig and a nicely done presentation by FaberNovel, discussing the main strategies for making money with open source, namely (1) licensing of complementary products (e.g., a proprietary downstream products or add-ons); (2) the sale of complementary services; and (3) the use of OSS for hosted services (e...

Michael Lindsay?s Awesome Post-Leegin State RPM Chart

Posted on August 09, 2009
I just came across this awesome chart. Thanks for saving my Sunday, Mike.

Section 13(b) after WholeFoods and CCC

Posted on August 09, 2009
Here is a chart with the Section13(b) preliminary injunction standard after FTC v. WholeFoods and FTC v. CCC Holdings. It is troubling that the statutory “likelihood of ultimate success” standard has been watered down to a mere raising of “serious, substantial” questions...

Bill Introduced to Overturn Twombly

Posted on July 24, 2009
On Wednesday, Sen. Spector (PA) introduced a bill , S.1504, to legislatively overturn Twombly (and Iqbal). The bill mandates a return to the Conley v. Gibson standard. There are currently no-cosponsors. h/t: Drug & Device Law; law.com.

Antitrust, Search Warrants And Data

Posted on July 16, 2009
While researching an article regarding the search and seizure of computer hardware and electronic data in criminal antitrust investigations, I noticed a distinct lack of case law. There is a lot of case law regarding the search and seizure of computer hardware and electronic data in other types of criminal cases...

FTC Website is Down For A Second Day In A Row

Posted on July 07, 2009
The FTC website is again down today. PC World reports that “agency representatives said they don’t know what caused the problem.”

DOJ Changes Its Position on Reverse Payment Settlements

Posted on July 07, 2009
In the “not surprising at all” category, yesterday the United States Department of Justice filed its amicus brief in the United States Court of Appeals for the Second Circuit in the “Cipro” case (a.k.a. Arkansas Carpenters v. Bayer)...

Supreme Court Accepts Another Antitrust Case: American Needle v. NFL

Posted on June 30, 2009
Yesterday, the Supreme Court granted cert in American Needle, Inc. v. National Football League, et al. The issue in the case is whether or not the NFL, its teams and the Players Association functioned as a single entity. In short, if they did function as a single entity, then there cannot be Section 1 liability...

FTC Issues Report On Authorized Generics

Posted on June 25, 2009
Yesterday, the FTC issued ?Authorized Generics: An Interim Report,? which contains the “first set of results from a study conducted to examine the short-term and long-term effects of ‘authorized generics’ on competition in the prescription drug marketplace...

Leibowitz on ?Reverse Payment? Settlements

Posted on June 23, 2009
It must be “reverse payment” week as FTC Chairman Leibowitz gave a speech this morning on the topic. The FTC press release states that: an internal FTC analysis projects that stopping collusive ?pay-for-delay? settlements between brand and generic pharmaceutical firms would save consumers $3...

Supreme Court (Again) Denies Cert In a ?Reverse Payment? Case

Posted on June 23, 2009
Yesterday, the Supreme Court denied cert in Arkansas Carpenters Health and Welfare Fund v. Bayer AG, again refusing to consider a “reverse payment” case. From Dow Jones: The U.S. Supreme Court rejected a lawsuit challenging Bayer AG’s (BAYRY) deal with Barr Pharmaceuticals Inc...

DOJ Reportedly Investigating Tech Company Hiring

Posted on June 03, 2009
The Washington Post is reporting that DOJ: has launched an investigation into whether some of the nation’s largest technology companies violated antitrust laws by negotiating the recruiting and hiring of one another’s employees, according to two sources with knowledge of the review...

Judge Sotomayor and Antitrust

Posted on May 29, 2009
During her tenure on the United States Court of Appeals for the Second Circuit, Judge Sotomayor has been involved in a several antitrust decisions. Her most famous antitrust case is certainly Clarett v. Nat’l Football League, 369 F.3d 124 (2d Cir...

Court Upholds FCC Ruling Regarding Cable and Apartments

Posted on May 27, 2009
Yesterday, the U.S. Court of Appeals for the District of Columbia upheldthe FCC’s ruling that prohibited exclusivity agreements between cable companies and owners of apartment buildings and other multi-unit developments. More of an administrative law/communications law decision than an antitrust decision...

Google And Antitrust

Posted on May 18, 2009
The New York Times has an article suggesting that DOJ is targeting Google. Last week, the Obama administration declared a sharp break with the Bush years, vowing to toughen antitrust enforcement, especially for dominant companies. The approach is closer to that of the European Union, where regulators last week fined Intel $1...

FTC Dismisses Rambus Case

Posted on May 16, 2009
On Thursday, the FTC formally dismissed its case against Rambus. The press release, in its entirety, read: The Federal Trade Commission has formally dismissed the complaint in the Rambus matter. ?While we remain disappointed by the decision of the Court of Appeals, we of course respect the Court?s opinion and will move forward,? said Richard A...

Intel Fined

Posted on May 13, 2009
Reuters, via the New York Times, reports that the European Commission has fined Intel$1.45 billion. The European Commission fined Intel a record ?1.06 billion on Wednesday for abusing its dominance in the computer chip market to exclude its only serious rival, Advanced Micro Devices...

DOJ To Announce More Agressive Antitrust Enforcement [Updated]

Posted on May 11, 2009
Today’s New York Times has a front page article about a speech that new DOJ Assistant Attorney General for Antitrust Christine Varney will give today (and again tomorrow). The speech is not (yet) on the DOJ webpage and the article only provides a general sense of what will be in the speech: [DOJ] plans to restore [...

Antitrust and Newspapers

Posted on April 22, 2009
Yesterday, the House Judiciary’s Subcommittee on the Courts and Competition Policy and the Internet held a hearing on a possible antitrust exemption for newspapers. The Department of Justice said “We do not believe any new exemptions for newspapers are necessary...

FTC Seeks Comments On Revised Petroleum Market Manipulation Rule

Posted on April 17, 2009
Yesterday, the FTC announced it was seeking public comments on its proposed revised rule “that would prohibit market manipulation in the petroleum industry.” According to the FTC: The revised proposed rule in the RNPRM announced today retains the anti-fraud approach of the August 2008 proposed rule...

Amazing Presentation on Cartels by John Connor

Posted on April 09, 2009

House Bill To Ban ?Reverse Payment? Settlements Introduced

Posted on March 27, 2009
On Wednesday, Rep. Bobby Rush (D-Ill.) introduced H.R. 1706, the “Protecting Consumer Access to Generic Drugs Act of 2009.” The Bill is very similar to S. 369, ”The Preserve Access to Affordable Generics Act” introduced in the Senate in February (Antitrust Review analysis of that bill is here)...

More From China on Coca-Cola

Posted on March 26, 2009
Last week, China rejected on antitrust ground Coca-Cola?s acquisition of the China Huiyuan Juice Company. Today, the AP (via the NY Times) reports: In its first detailed explanation of the March 18 ruling, the commerce ministry said it looked at China?s beverage market and concluded that Coca-Cola?s dominance in carbonated drinks could be used to promote [...

Leegin, General Electric, and Agency

Posted on March 26, 2009
Yesterday, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in a RPM case. According to the Court: In this Sherman Act suit, plaintiffs, who provide pest control services to individual customers, allege that defendants, who manufacture pesticides, illegally conspired with their distributors to set minimum resale prices of certain termiticide products...

Broken Links

Posted on March 22, 2009
Due to indexing issues in the database behind The Antitrust Review, most links on this blog are currently broken. We are working to fix the problem. Please pardon us in the meantime.

Trinko After LinkLine

Posted on March 18, 2009
One of the effects of the Supreme Court’s recent LinkLine decision was to extend the reach of Trinko. Trinko dealt with the relation of regulation (in the telecomm industry) and Antitrust. The decision proceeded in three steps: The 1997 Telecommunications Act declares the antitrust laws to be applicable...

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