On Competition Law and Economics

Latest from On Competition Law and Economics

If you missed the Trade Association Antitrust 101 webinar, you can view the recording here.  We also have a number of upcoming webinars you may also find of interest: Tomorrow, Tuesday, July 21 Not Normal: the Challenges of a Changed Workplace Register Here Four months ago, the Dow was close to 30,000, employment rates were at historic highs, the coronavirus was still “novel,” and millions had not yet taken to the streets in global protests…
Trade Association Antitrust 101 Please join us on July 14 for a webinar geared toward association legal counsel, executives, marketers, staff and members, participants in association activities or attendees to association meetings. Antitrust issues are a constant concern for trade associations and their members. Competition regulators will have associations and their members under even greater scrutiny as groups work together to address the ongoing challenges presented by COVID-19. Please join us for a webinar covering…
The Justice Department lost another merger the other day.  This one was their challenge to Sabre’s acquisition of Farelogix.  Sabre aggregates air fares in a hosted environment and serves about 50 percent of the market.  Farelogix developed, and then open sourced, a peer-to-peer solution for the airline/travel agent industry (the “new distribution capability”), and provides consulting and coding services to airlines who want to adopt it.  The IATA owns and updates the P2P specification. …
On March 24, 2020, the Antitrust Division of the Justice Department and the Bureau of Competition of the Federal Trade Commission announced that they are adopting expedited processes for reviewing potential collaborations or other activities for antitrust issues in response to the COVID-19 pandemic.  The Agencies recognized the urgency of the coronavirus event and stated that they will respond to all COVID-19-related requests “within seven (7) calendar days of receiving all necessary information.”  The Agencies…
UPDATE:  The FTC announced today that the deadline to file comments on the Draft Vertical Merger Guidelines has been extended to February 26.  In addition, the FTC and DOJ will host two public workshops (March 11 and 18) in Washington, DC, on the draft guidelines. On January 10, the Federal Trade Commission and Department of Justice released a draft of their long-anticipated vertical merger guidelines and withdrew their 1984 Vertical Merger Guidelines.  Vertical mergers received…
Elizabeth Warren is calling for aggressive enforcement of the antitrust laws. The House Judiciary is opening hearings on big tech, and the Justice Department and FTC have allocated amongst themselves responsibility for particular Big Tech companies. Pundits are saying it’s time for Big Tech to be broken up. So, should Big Tech be worried? Are we going to see an antitrust renaissance? Is Gilded Age 2.0 coming to an end? The short answer is,…
There seems to be a growing concern that Facebook is too big and should be broken up. Among those calling for the breakup are Elizabeth Warren, Chris Hughes and Alexandria Ocasio-Cortez. The FTC has asked Congress to pass a national privacy law to regulate the industry. While some disagree, it seems pretty clear that foreign agents were able to manipulate voters in the 2016 election. But, would breaking up Facebook put an end…
The Academy of Motion Picture Arts & Science, the folks who bring you the Oscars, are voting on a rule change that would exclude movies by companies like Netflix from consideration. The Justice Department apparently does not take kindly to the idea. According to Variety, Makan Delrahim, Assistant Attorney General for Antitrust, wrote the Academy stating that “agreements among competitors to exclude new competitors can violate the antitrust laws when their purpose or effect…
Presidential Candidate Elizabeth Warren thinks Big Tech is too big and wants it—and, in particular, Amazon, Facebook and Google—broken up and their past mergers and acquisitions unwound. And the FTC recently announced it was forming a Task Force to look into the technology markets. There do seem to be issues with Big Tech. But is antitrust, as currently practiced, the best tool to address them?  Ms. Warren contemplates this by suggesting a new regulatory regime should be…
The Luxembourg Competition Authority recently handed down a decision that found an app-based taxi booking system, Webtaxi, was not a hardcore violation of the relevant competition law banning price fixing.  The algorithm determined the precise fare the passenger would pay for a trip.  The taxis remained competitors otherwise and the cabs on the app represented only 26 percent of the relevant taxi market.  Fares were otherwise negotiable.  The Authority found the efficiency gains material and…