I’m just a bill: The Tipline for 28 May 2021
GCR USA - 28 May 2021
While most people breathe out carbon dioxide, Herbert Hovenkamp exhales competition scholarship. The University of Pennsylvania Law School professor spoke to GCR USA about how US merger policy could benefit from pro-enforcement legislation. Also in Tipline, Vyera Pharmaceuticals fights for a court order finding the Federal Trade Commission cannot recoup “ill-gotten” profits.
Competition is just a beat away: The Tipline for 27 May 2021
GCR USA - 26 May 2021
Defending a “Big Tech” company right now is a lot like playing Whac-A-Mole. Finish one antitrust lawsuit and five more have popped up in its place. Apple may be done rebutting Epic Games’ monopolisation claims, but earlier this week, medical device manufacturer AliveCor accused the tech company of sabotaging its heart monitoring app to gain a competitive edge.
Delayed in Transit: The Tipline for 26 May 2021
GCR USA - 25 May 2021
Responding to reports suggesting he is being considered for a leadership role at the Federal Trade Commission, Karl Racine said on Tuesday that he is happy serving as the attorney general of Washington, DC. “The FTC matter is something that the President will decide who the best person to lead is,” Racine said. As the summer approaches, the antitrust world is getting antsy as the Biden Administration has yet to name permanent heads to the US competition agencies. "Is antitrust the most important thing in the world? Not even close,” says former FTC chair William Kovacic. “[But] the clock ticks loudly at this point.”
Secrets, secrets are no fun: The Tipline for 25 May 2021
GCR USA - 25 May 2021
Karl Racine, the attorney general of Washington, DC, is reportedly being considered for membership at the Federal Trade Commission. Regardless of whether he gets that gig, the Democrat will likely have competition law on his radar for the foreseeable future. His office is teasing that an antitrust lawsuit against a “major tech company” will be filed today.
Apple of discord: The Tipline for 24 May 2021
GCR USA - 24 May 2021
Antitrust trial testimony often lives up to the hype, if only because the bar is usually set quite low. That was not the case on Friday when expectations were high as Tim Cook took the stand to defend the iPhone manufacturer’s iOS ecosystem. Apple's chief executive did not disappoint. Judge Yvonne Gonzalez Rogers’s challenging questions for Cook provided more than enough material to land a courtroom-sketched-version of the two above the fold of Saturday’s edition of The Wall Street Journal.
Lassoed: The Tipline for 21 May 2021
GCR USA - 21 May 2021
Google sought to flee the Lone Star State, but the US District Court for the Eastern District of Texas had other ideas. Judge Sean Jordan ruled on Thursday that the state’s monopolisation claims against the company would not be joining similar private litigation closer to Mountain View, California – potentially keeping the case before a jury of Texans.
A second opinion: The Tipline for 20 May 2021
GCR USA - 20 May 2021
The Senate Judiciary Subcommittee on Competition Policy has diagnosed a wave of healthcare consolidation as a serious ailment. But Democrats and Republicans on the panel prescribed opposing treatments for the problem during a hearing on Wednesday. Senator Amy Klobuchar called for a double dose of enforcement from the US antitrust agencies while Senator Mike Lee said government interventions like the Affordable Care Act are to blame.
You’ve got mail: The Tipline for 19 May 2021
GCR USA - 18 May 2021
The Federal Trade Commission’s mailbox appears to be filling up with letters from Congress. Republican Senator Mike Lee has expressed concerns about agency mismanagement, while Democrats in the House of Representatives want the commission to open an antitrust investigation into AbbVie. Also in Tipline, the latest from the Epic Games v Apple trial and updates on the Automotive Parts antitrust litigation.
Happy Birthday, US v Microsoft: The Tipline for 18 May 2021
GCR USA - 17 May 2021
On this date in 1998, the Department of Justice filed its second lawsuit accusing Microsoft of illegally maintaining a monopoly over PC operating systems. Twenty-three years later, the company finds itself in court advancing claims that Apple has illegally maintained a monopoly over its own operating system.
Tee Time: The Tipline for 17 May 2021
GCR USA - 16 May 2021
Nearly five months have passed and the Biden administration has still not named permanent leadership at either US antitrust agency. However, things are reportedly moving along. The Information reported on Saturday that Federal Trade Commission acting chair Rebecca Kelly Slaughter is set to name Eyitayo St Matthew-Daniel as the director of the agency’s competition bureau. The former Morgan Lewis & Bockius attorney, who goes by “Tee”, has been with the Department of Justice since 2015.