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Competition Matters

Direct-to-consumer auto sales: It’s not just about Tesla

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A fundamental principle of competition is that consumers – not regulation – should determine what they buy and how they buy it. Consumers may benefit from the ability to buy cars directly from...
Competition Matters

Power shopping for an alternative buyer

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In recent investigations of hospital mergers, the merging parties often make the argument that the acquired firm is flailing, if not outright failing. Thus, the argument goes, the transaction is...
Competition Matters

A few words about Section 5

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Recently, I appeared on a panel that discussed the Commission’s recent Section 5 cases. While my colleague, BCP Director Jessica Rich, addressed the use of Section 5 to combat modern-day fraud...
Competition Matters

Separating fact from opinion

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Although FTC staff often rely on voluntary requests for information in the early stages of an investigation, the use of official subpoena and civil investigative demands authorized by the Commission...
Competition Matters

Unflattering resemblance

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As discussed in a previous blog post, trade association members are subject to the same antitrust rules of the road as other companies or individuals who happen to be competitors. That means no price...
Competition Matters

Information exchange: be reasonable

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Each day companies seek out market information to gain insights on how to compete more effectively. When companies compete more effectively, that can be good for consumers, making more and better...
Competition Matters

FTC Milestones: Weighing in on weight loss cases

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“No need to be fat. No need to diet or go through unpleasant exercise.” “Your thin friends can tell you the right way to fight fat.” “Men avoided me. I was too fat.” Sounds like a lot of the bogus...
Competition Matters

FTC Milestones: Shared beginnings in the Circle Cilk case

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In celebration of the FTC’s 100th anniversary, we’ve been examining the leaves on our family tree. The FTC’s founding is often associated with turn-of-the-century trust busting, but a closer look –...
Competition Matters

From the antitrust mailbag: manufacturer-imposed requirements

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Here’s another common question we receive from retailers: A manufacturer is placing restrictions on the way I price its products. I think this is anticompetitive. Is it a violation of the antitrust...
Competition Matters

How to avoid common HSR filing mistakes with attachments

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The PNO handles Hart-Scott-Rodino Premerger Notification Filings for well over a thousand transactions each year. When you submit an HSR Form with all the required information, the PNO can quickly...
Competition Matters

Have a good plan for HSR compliance

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Our recent civil penalty action involving Berkshire Hathaway’s failure to file the required Hart-Scott-Rodino notification is a reminder to investors to be alert to common filing mistakes. It is also...
Competition Matters

Putting the “mod” in order modification

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Back in 1998, the must-have toy was a Furby, and if you were a parent with a kid of a certain age, you had to find one. In those days, Toys “R” Us was the nation’s largest toy retailer, and the...
Competition Matters

Running time

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“The clock” is a central part of a merger lawyer’s life. HSR merger review is all about managing the clock effectively. Here are some things we’ve been known to say: Is the clock running? When does...
Competition Matters

From the antitrust mailbag: refusals to deal

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Here’s a very common question, and the writer is usually a retailer who sells products from different manufacturers. Q: I received notice from my supplier that the company will no longer provide its...