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Corporate & Securities Law

Antitrust Review

Antitrust law and economics

Post Frequency: 2.5/day

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

China Denies Coke?s Bid to Acquire the China Huiyuan Juice Company

Posted on March 18, 2009
Earlier today, the Chinese government rejected on antitrust ground Coca-Cola’s acquisition of the China Huiyuan Juice Company. The New York Times reports: The ministry of commerce said Coke?s bid to acquire the China Huiyuan Juice Company was rejected on antitrust reasons...

FTC and Whole Foods Settle

Posted on March 08, 2009
The FTC and Whole Foods have reached a settlement argeement. In short, “Whole Foods agreed to divest itself of 31 Wild Oats stores in 12 states, including 19 stores that already have been closed, and one Whole Foods store. Whole Foods also agreed to relinquish the rights to the Wild Oats brand, which could be [...

The Antitrust Source

Posted on March 08, 2009
The new edition of The Antitrust Source is out.

Korea Abolishes 30-day Filing Deadline

Posted on March 05, 2009

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HSR and the Bank Bailout

Posted on March 03, 2009

White Collar Crime Conference

Posted on March 02, 2009

Leibowitz Nominated As Chairman fo the FTC

Posted on March 01, 2009

What LinkLine Didn?t Say; A Slippery Slope?

Posted on February 26, 2009
The LinkLine holding is not particularly surprising. Trinko applies at the wholesale level and Brooke Group at the retail level. Wholesale — If there is no antitrust duty to deal in the first place, then the upstream firm may charge whatever price it wants...

HSR Primer #5: Getting to the Person (Continued)

Posted on February 26, 2009

Supreme Court Decides linkLine

Posted on February 25, 2009
The decision is available here. The decision begins: The plaintiffs in this case, respondents here, allege that a competitor subjected them to a “price squeeze” in violation of §2 of the Sherman Act. They assert that such a claim can arise when a vertically integrated firm sells inputs at wholesale and also sells finished goods or services at [...

Essential Facilities Presentations, Berkeley

Posted on February 23, 2009
Here are the print and the screen versions of my essential facilities presentations at the ABA IP and Antitrust Conference in Berkeley earlier this February.

International Antitrust, Course Materials

Posted on February 23, 2009
Here are some (draft) slides and materials from my course in International Antitrust and Policy at U.C. Berkeley. Segment 1: Introduction Segment 2: Horizontal Agreements in the U.S. and the EU Segment 3: International cartels at work As always, everything is licensed under a Creative Commons attribution only license...

Cert Denied in Rambus

Posted on February 23, 2009
The FTC’s petition for certiorari has been denied by the Supreme Court. The FTC’s petition had been unusual in that the DoJ did not join in seeking review by the Supreme Court. Here is what we’ve previously said about the Rambus cert petition.

DOJ Releases Its Amensty Letters

Posted on February 05, 2009
Today, the U.S. Department released redacted copies of its leniency (amnesty) letters. DOJ explains that it did not want to release the letters but: in light of the Court’s opinion in FOIA litigation titled Stolt-Nielsen Transportation Group Ltd...

Bill To Ban ?Reverse Payment? Settlements Introduced

Posted on February 05, 2009
Yesterday, Senators Kohl and Grassley introduced a bill “to prohibit brand-name drug manufacturers from using pay-off agreements to keep cheaper generic equivalents off the market.” They titled their bill ”The Preserve Access to Affordable Generics Act” (S...

FTC v. Whole Foods to Settle?

Posted on January 29, 2009
The FTC has agreed to stay its Part III administrative proceedings against Whole Foods for 5 days to permit settlement discussion. At issue in the administrative proceedings is the legality under Section 7 Clayton Act of the acquisition Wild Oats by Whole Foods Markets, a merger that was consummated in Fall of 2007 after the [...

DC Circuit: FTC may continue Part III against Whole Foods

Posted on January 26, 2009
In a very brief opinion, the DC Circuit Court of Appeals rejected Whole Food’s petition for a writ of mandamus to stop the FTC from pursuing administrative proceedings against Whole Foods. The claim was that the FTC had violated Whole Food’s constitutional rights by pursuing expedited Part III proceedings against Whole Foods on the grounds [...

Christine Varney to lead Antitrust Division

Posted on January 22, 2009
The Wall Street Journal reports that Christine Varney (currently a partner at Hogan & Hartson, and a former member of the FTC), has been picked as Assistant Attorney General, to head the DoJ Antitrust Division. WASHINGTON — President Obama is expected to name a new antitrust enforcement team shortly, signaling stiffer merger-review standards and more cases [...

HSR Primer #4: Getting to the Person

Posted on January 16, 2009
The last post left off by listing the three steps required to parse an acquisition for HSR purposes: (1) Identify all acquisitions in the transaction, (2) eliminate the non-reportable ones, and (3) find the acquiring and acquired persons. It’s that last step this post is about...

Elhauge & Leibowitz Are ?Likely? Obama Picks

Posted on January 16, 2009
Reuters reports: Harvard law professor Einer Elhauge and Federal Trade Commissioner Jon Leibowitz are U.S. President-elect Barack Obama’s likely choices for the government’s top antitrust jobs, according to antitrust sources who have been following the matter.

HSR Primer #3: Parsing Acquisitions

Posted on January 13, 2009
Before continuing this series of posts about the Hart-Scott-Rodino Antitrust Improvements Act (HSR), here are some links to useful materials. The most basic materials are the HSR statute, §7A Clayton Act (15 USC 18a), and the rules implementing HSR: Coverage Rules (16 CFR 801), Exemption Rules (16 CFR 802), and Transmittal Rules (16 CFR 803)...

Hanno?s Primer in Antitrust Law and Policy

Posted on January 12, 2009
Here is an updated version of my Primer in Antitrust Law and Policy, released under a Creative Commons Attribution Only (i.e., CC-BY) license. As always, comments and suggestions are welcome.

World of Warcraft Antitrust

Posted on January 10, 2009
David Friedman notes that: There is no antitrust law in WoW, which makes it a good place to observe collusive behavior by sellers. My wife, who spends more time in the auction house buying ad selling than I do, has observed both an attempt to corner a market and an attempt, at least partly successful, [...

HSR Primer #2: The Basic Test

Posted on January 09, 2009
Continuing my series of posts about the Hart-Scott-Rodino Act, here is a discussion of the basic test of reportability under HSR. §7A Clayton Act contains this magic language: Except as exempted, no person shall acquire, directly or indirectly, any voting securities or assets of any other person, unless both persons file notification and the waiting period has [...

Linkline revisited

Posted on January 09, 2009
The Supreme Court on December 8th heard oral arguments in Pacific Bell v. Linkline. Here is a link to the transcript of the oral arguments, although you can take a short cut and read a summary here. There is also an comprehensive analysis of the case in the Antitrust Source, by Aryeh Friedman and Joyce [...

HSR Penalities Increased: $1,600/day

Posted on January 09, 2009
As an interesting holiday present, the FTC on December 23, 2008 announced higher civil penalties, including penalties for the violation of the premerger notification requirement under the Hart-Scott-Rodino Act. From previously $11,000 per day of violation, the penalties were raised to $1,600 per day...

HSR Primer: §7 and HSR

Posted on January 07, 2009
If you think it’s bad having to admit at parties that you are a lawyer, try explaining that what you deal with is called the Hart-Scott-Rodino Antitrust Improvements Act of 1976. At least you won’t be stuck talking about work all night. But if there isn’t much glamor in HSR work, there certainly is a [...

Today is HSR Day - 3rd Edition of Axinn/Fogg/Stoll/Prager/Nisa Out

Posted on January 07, 2009
I am declaring today HSR Day. After the announcement of the new adjusted thresholds for 2009 came out, the Third Edition of Acquisitions Under the Hart-Scott-Rodino Antitrust Improvements Act: A Practical Analysis of the Statute & Regulations landed on my desk...

New HSR Thresholds Announced

Posted on January 07, 2009
The FTC has announced the new adjusted HSR thresholds. Every year the thresholds are adjusted, up from the original amounts in §7A Clayton Act. Adjustments will be effective 30 days after publication. The FTC’s press release is here. HSR ORIGINAL THRESHOLD AND ADJUSTED THRESHOLD $10 million adjusted to $13...

NIN CC-Licensed Ghosts Album Tops Amazon 2008 Download Charts

Posted on January 05, 2009
This is truly remarkable. NIN’s album Ghosts I-IV is ranked the best selling MP3 album of 2008 on Amazon?s MP3 store. Take a moment and think about that. NIN fans could have gone to any file sharing network to download the entire CC-BY-NC-SA album legally...

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