Look at any recent merger settlement accepted by the Commission and the answer is clear: An acceptable merger remedy must eliminate the potential for anticompetitive effects that would likely occur if the merger were to proceed. Typically this means creating another competitor to take the place of one of the merging companies so that customers are not harmed by the merger. In short, a merger remedy must fix the specific competitive problems created by the merger.
A certain famous chef is known for exclaiming “BAM!” when he wants to extract the most flavor from a recipe. The FTC’s case against an unrelated California company called BAM Financial alleges a far less savory form of extraction.
The White House recently released the first ever United States “National Privacy Research Strategy,” which identifies priorities for privacy research funded by the Federal government. While focused on government, the strategy is also intended to spur similar private sector efforts. I participated in the working group that developed the strategy and am excited to see it published.
Multi-level marketer Herbalife will pay $200 million back to people who were taken in by what the FTC alleges were misleading moneymaking claims. But when it comes to protecting consumers, that may not be the most important part of the just-announced settlement. What could matter more than $200 million? An order that requires Herbalife to restructure its business from top to bottom – and to start complying with the law.