USA Tipline

Roll call: The Tipline for 14 August 2020

GCR USA - 14 August 2020

With Federal Trade Commission chair Joseph Simons no longer recused from the agency’s Qualcomm litigation, this set of commissioners may have to take its first definitive step in the case. It is clear that the agency has several options should it decide to appeal against Tuesday’s defeat at the hands of the Ninth Circuit. What is less apparent is what those steps might look like. GCR USA has explored what might come next.

All the cool kids: The Tipline for 13 August 2020

GCR USA - 12 August 2020

With antitrust law apparently cool again, it appears all the federal agencies want in on the fun. The Securities and Exchange Commission recently established new collaborative efforts with the Department of Justice’s antitrust division. The Department of Defense and Department of Energy each weighed in during Qualcomm. Now central bankers – recently declared cool by Lin-Manuel Miranda – have joined the game. Two economists from the Federal Reserve have published a study contending that rising concentration across the US economy is exacerbating income inequality.

Hypercompetition: The Tipline for 12 August 2020

GCR USA - 11 August 2020

The Federal Trade Commission claimed Qualcomm’s licensing behaviour was anticompetitive. The Ninth Circuit found the conduct to be “hypercompetitive”. “Qualcomm asserted its economic muscle with vigour, imagination, devotion and ingenuity,” the three-judge panel wrote in its sweeping reversal of an earlier FTC win.

Tarot cards: The Tipline for 11 August 2020

GCR USA - 10 August 2020

The judge presiding over the proposed joint venture between Peabody Energy and Arch Coal did not bring out Judge Victor Marrero’s patented crystal ball, but she did ask the Federal Trade Commission to help her predict what the coal industry would look like in a world with or without the deal. Perhaps there are other means of fortune-telling Judge Sarah Pitlyk can try. Tarot cards? Reading Stephen Weissman’s palms?

Party like it's 1949: The Tipline for 10 August 2020

GCR USA - 09 August 2020

The Paramount consent decrees are officially off the books, 26,090 days since the Department of Justice entered into the first agreement with Paramount Pictures. In March 1949, President Harry Truman had just begun his second term, a quarter could buy you a gallon of gas and Jackie Robinson was gearing up to be Major League Baseball’s most valuable player.

Chicago School: The Tipline for 7 August 2020

GCR USA - 07 August 2020

Antitrust may be having a moment, but it is not necessarily being reflected at a law school near you. University of Michigan Law professor Daniel Crane recently noted that none of the 75 US law schools informally searching to fill hiring needs listed antitrust as a desired area of expertise. GCR USA decided to take matters into its own hands, with the Chicago School nabbing another antitrust student in the process.

New York, New York: The Tipline for 6 August 2020

GCR USA - 06 August 2020

“We’re in the midst of a pandemic” is an excuse that many of us have likely used over the past few months, but one generic drugmaker targeted in the Department of Justice’s price-fixing probe has cited the crisis as a reason for not settling with the agency. Teva Pharmaceuticals chief executive Kare Schultz told Bloomberg yesterday that his company would not sign a deferred prosecution agreement that might “cripple” its ability to supply drugs in the US during covid-19. Also in today’s Tipline, we have a proposed amendment to New York antitrust law that its sponsor says is intended to rein in titans of the technology business, plus the DOJ suing to block a hospital deal and a cartel defence lawyer moving firms.

Foreign press fight: The Tipline for 5 August 2020

GCR USA - 05 August 2020

Hollywood foreign reporting might not sound like the most cutthroat business, but a new lawsuit claims that members of the Hollywood Foreign Press Association will go to great lengths to keep rivals out of their cushy organisation. We have more on those antitrust claims in today’s Tipline, plus a new paper on common ownership and Uber surviving a challenge to an earlier arbitration win.

Fill up on gas: The Tipline for 4 August 2020

GCR USA - 04 August 2020

7-Eleven is best known for its Big Gulp soft drinks and hot dogs, but it expanded its business significantly yesterday by agreeing to purchase rival Speedway. The deal follows the gas station and convenience store chain's smaller purchase of gas stations in 2017, which the Federal Trade Commission approved with divestitures. Also in today’s Tipline, the FTC reportedly joins with New York and California to probe Amazon, health insurance purchasers suing California health insurer Sutter Health score class certification and a cancer treatment deal sets Siemens Healthineers on track to become a global leader in cancer care.

There’s a theory of harm for that: The Tipline for 3 August 2020

GCR USA - 03 August 2020

Apple chief executive Tim Cook spent large chunks of Wednesday’s Congressional antitrust hearing watching like the rest of us. A tally from the New York Times found Cook faced at least 24 fewer questions than chief execs from Facebook, Google and Amazon. But there was plenty of love to go around during the almost six-hour hearing as lawmakers questioned the iPhone-maker's 30% commission rate and challenged the App Store’s rules as arbitrary and opaque.

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