GCR USA - 21 July 2017
Happy Friday! Today's briefing is a mix of substantive case decisions, interesting moves in the antitrust community - including into local politics - and an economist's perspective on the parallels between Microsoft and Google. It pairs well with The Trustbuster, which at Washington, DC's Teddy and the Bully Bar is a cocktail of bourbon, cynar and vermouth with a dash of orange bitters.
GCR USA - 20 July 2017
Aside from the overturning of Libor convictions, today's briefing is high-tech heavy, as we cover iPhone suppliers' antitrust counterclaims against Qualcomm's patent suit; report the failure of a putative class of digital music buyers to win certification; and go behind the scenes of a data integration service provider's obtaining a preliminary injunction.
GCR USA - 19 July 2017
While Global Competition Review has been around for two decades now, we still missed out on covering some of the major personalities of modern antitrust. Among those are Donald Turner, who died on this day in 1994. Back before the treatise was Areeda and Hovenkamp’s, it was Areeda and Turner’s. While today’s briefing has little to say about either the Department of Justice, where Turner headed the Antitrust Division during the Johnson administration, or predatory pricing, for which he and Areeda developed the famous test requiring both recoupment and lower-than-cost pricing, we’ll still be thinking of Don Turner’s legacy.
GCR USA - 18 July 2017
Thanks to a tip from organiser Danny Sokol, we made it to Compass Lexecon’s airline competition conference yesterday, which was worth the trip up the hill to Georgetown University’s business school. Check out the briefing for lots of economics chat, plus court rulings that will give one plaintiff access to defendants’ data, and another litigant a fresh shot at Nespresso.
GCR USA - 17 July 2017
As we approach the six-month mark of the Trump Administration, many positions in the executive branch remain unfilled, largely because Senate Democrats – unhappy about Republicans’ refusal to hold open hearings on and permit amendments to health care legislation – are slow-rolling even uncontroversial nominees. The length of time since Makan Delrahim’s nomination looks less unusual, however, when one compares to his immediate predecessor as a non-acting assistant attorney general for antitrust. Nominated on 6 February 2012, Bill Baer was not confirmed by the full Senate until 30 December of that year.
GCR USA - 14 July 2017
We have a lot to say today about the failing firm defence. In both a judge’s ruling to block a deal, and a Department of Justice closing statement ending a merger investigation, the message was clear: look reeeeally hard for an alternative buyer before saying a competitor’s acquisition is the only way to avoid bankruptcy. And then there’s the DraftKings/FanDuel option: give up on your tie-up after answering the government’s complaint.
GCR USA - 13 July 2017
The West Coast is the best coast, or at least the place today’s briefing focuses on. We have stories on California's Clayton Act suit to stop a deal that the feds have cleared, and on San Diego-based Qualcomm’s answer to the Federal Trade Commission’s lawsuit.
GCR USA - 12 July 2017
We have coverage of three moves from various parts of the government to the private sector, and the latest in the Federal Communications Commission’s deregulation of the business data services sector.
GCR USA - 11 July 2017
On this day 20 years ago, the New York Times’ editorial board slammed a candidate to lead the Department of Justice’s antitrust division, for “pandering” to a senator and creating “strong doubts that he can provide aggressive antitrust leadership.” Focusing on how the next assistant attorney general would enforce the new Telecommunication Act, the Times groaned, “[I]t is disheartening and disqualifying that President Clinton's nominee, Joel Klein, is scheduled to come up for confirmation today in the Senate with a record that suggests he might knuckle under to the powerful Bell companies and the politicians who do their bidding.”
GCR USA - 10 July 2017
Happy Monday – we’ve got coverage of an issue facing Oklahoma’s efforts to discipline doctors that stems from the Supreme Court’s NC Dental decision and a judge refusing to shift the Federal Trade Commission’s challenge of the DraftKings/FanDuel tie-up to Massachusetts.
Cormac O'Daly and Frédéric Louis
Michael Dietrich and Marcel Nuys
Herbert Smith Freehills
Davit Akman, Ian Macdonald and François Baril
Gowling Lafleur Henderson LLP