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Competition Matters

What’s the interest in partial interests?

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Most mergers reviewed by the Commission involve the acquisition of an entire company, or an identifiable set of assets – that is, the buyer seeks to control the assets of the seller through an...
Competition Matters

Quo Vadis Post-Actavis?

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For more than 15 years, one of the FTC’s top priorities has been to put an end to anticompetitive reverse-payment settlements between brand-name drug makers and their potential generic rivals. In our...
Competition Matters

Calculating the value of stock under HSR rules

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The Hart-Scott-Rodino statute and rules contain a number of reporting thresholds for transactions subject to premerger notification filing with the FTC and DOJ. In this post, we are going to focus on...
Competition Matters

The when and what of active supervision

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Earlier this year, the U.S. Supreme Court ruled that the North Carolina State Board of Dental Examiners violated the federal antitrust laws by preventing non-dentists from providing teeth whitening...
Competition Matters

“Investment-only” means just that

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Today, the Commission (with the help of our friends at the Justice Department) filed a proposed settlement in federal court to settle charges that three funds managed by Third Point violated the Hart...
Competition Matters

A fine balance: toward efficient merger review

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One of the key functions of the Bureau of Competition is to analyze mergers. Obtaining information through Second Requests is an essential aspect of our review process for proposed acquisitions. Even...
Competition Matters

HSR Rule 802.5: the Investment Rental Property Exemption

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Every day, the PNO receives many inquiries for interpretations of the Hart-Scott-Rodino statute and rules. Recently, several questions have related to transactions involving rental property, which...
Competition Matters

Monitors: Expert eyes and ears in Commission orders

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The ability to appoint a monitor is an important tool in building a successful merger remedy. The boilerplate-style language FTC uses in merger orders when appointing a monitor belies the unique and...
Competition Matters

The not-so-big news about Big Data

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Everywhere these days, folks are talking about big data. (Apparently, even machines are talking amongst themselves using big data in an ecosystem called the Internet of Things.) Last week, Chairwoman...
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...