Two judges who will decide the Department of Justice’s bid to undo the AT&T/Time Warner merger have indicated that they did not see a “clear error” in the lower court’s ruling to allow the deal, while a third has pressed the government to explain arguments missing from its brief.
Federal Trade Commission member Noah Phillips questioned on Thursday whether common ownership of companies in the same industry threatened competition and warranted scrutiny from antitrust enforcers.
The Department of Justice faced a healthy dose of scepticism yesterday from a panel of judges hearing its appeal against the AT&T/Time Warner decision. We also have coverage of remarks by Federal Trade Commission member Noah Phillips indicating that he is unlikely to ask the agency to take on a major common ownership case anytime soon. Other news includes former FTC commissioner Maureen Ohlhausen moving to Baker Botts and the owner of the New York Knicks being fined for missed antitrust filings.
A federal district court in Florida has certified a class of contact lens buyers who claim that they paid higher prices because of a conspiracy among several large manufacturers.
The government’s chances of successfully appealing the AT&T/Time Warner ruling are complicated by an apparent concession on efficiencies during the trial. William S Comanor – previously special economic assistant to the assistant attorney general for antitrust and director of the Federal Trade Commission’s bureau of economics – and Donald I Baker – former head of the DOJ’s antitrust division – explain.
Several books have been written about monopoly over the past few years, and several more are still to come. But none are as succinct and pointed as The Curse of Bigness: Antitrust In The New Gilded Age, the new book from Tim Wu, the Columbia University law professor and former Federal Trade Commission advisor perhaps best known for coining the phrase “net neutrality”. Wu sat down with GCR’s Ron Knox to discuss fascism, breaking up Facebook, and replacing the consumer welfare standard.
The overturning of class certification for indirect purchasers of Asacol may reshape how some class actions are formed, as a defence strategy of aggressive discovery on plaintiffs bore fruit in a successful appeal.
While the recent heatwave may have you inside by the air-conditioning all day, we have collected the hottest docs in antitrust to keep you entertained.
Cormac O'Daly and Frédéric Louis
Martin Sura and Kim Lars Mehrbrey
Gonçalo Machado Borges
Morais Leităo Galvăo Teles Soares da Silva & Associados (Lisbon)