On June 14, 2018, in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the Supreme Court held that Courts are not obliged to accept statements from a foreign government agency on the meaning and effects of its laws
Latest from On Competition Law and Economics - Page 2
The Bayer/Monsanto Digital Farming Licensing Remedy: Structural or Behavioral?
The European Union (“EU”) recently concluded its investigation of the Bayer Monsanto transaction. As part of the remedy, Bayer has agreed to license to BASF its “entire global digital agriculture product portfolio and pipeline products to ensure continued competition on
Ozzy Osbourne is an Antitrust Plaintiff
Ozzy Osbourne has filed an antitrust suit against against AEG, the operator of the O2 Arena in London and operator of the Staples Center in LA, among others. Ozzy is alleging that AEG is illegally requiring artists perform at
Tronox v. FTC: Ingenious or an Exercise in Futility?
In what may be the first case ever, a party to an FTC administrative merger challenge has filed suit in U.S. District Court asking the court to halt the administrative proceeding and order the FTC to pursue a preliminary injunction
Net Neutrality Repeal: An Implication for Content Mergers?
The FCC recently repealed the net neutrality rules. Now your favorite ISP can charge more for better and faster access, deny you access to sites you really shouldn’t be looking at (we’re looking at you CNN), and degrade all those
CNN: Is There A First Amendment Defense to an Anticompetitive Merger?
Shortly after the Justice Department’s challenge to AT&T’s acquisition of Time Warner was announced, a rumor floated that AT&T had offered to divest CNN to assuage the Division’s concerns. The gist of the rumor was that the Division is suing
Where to Get Bad Advice on MAP Policies
Minimum advertised price (MAP) policies are becoming more and more popular. Especially with the rise of cutthroat competition in the online marketplace, many producers are hearing from their resellers that they want margin protection, and are getting concerned with the
QVC/HSN :: A Deal You Probably Weren’t Thinking About
On July 6, 2017, QVC announced its intent to acquire the remaining 62 percent of Home Shopping Network it doesn’t already own. More so than DraftKings or Walgreens, this transaction will demonstrate whether Trump’s election has had any effect on
What EU‘s Fine of Google $2.7 Means for Antitrust Exposure
The European Commission has fined Google €2.42 billion ($2.7 billion) after concluding the company had abused its dominance in search. According to a letter from the EC announcing the results of its investigation, Google has a dominant market position in
Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society
Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would lead to price fixing, coordination and higher prices. The Chairman seemed less