Reputation (Ryan’s version): The Tipline for 6 June 2023

Ryan Danks has had enough of courts crediting potential harm according to the reputation of merging parties. “If concepts like ‘reputation’ and ‘promises to do good’ constrained anticompetitive behaviour then we would have been able to close up shop long ago,” the director of civil enforcement at the Department of Justice’s antitrust division said on Monday. UnitedHealth, Booz Allen Hamilton and T-Mobile remain glad that character counts in some jurisdictions. Also in Tipline, Danks describes when the DOJ might exercise its prosecutorial discretion when merging parties propose remedies and an attorney for American Express describes some of the “unfortunate language” of Amex.

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