Competition Matters

One of the most vibrant areas of recent economic development has been the “share economy.” Facilitated by popular smartphones and animated not only by economics, but also by many people’s interest in expanding social networks, peer-to-peer (P2P) software applications now facilitate services from shopping to local accommodations.

The FTC recently accepted a proposed settlement that would end its litigation to prevent Ardagh Group SA’s proposed acquisition of Saint-Gobain Containers, Inc. from reducing competition in the glass container industry. The proposed consent agreement requires Ardagh to divest six of its nine U.S.

On any given Sunday in Illinois, consumers can do their weekly shopping at various “brick and mortar” stores or turn to online vendors virtually 24-7. They can even purchase alcohol on Sunday after 11:00 a.m. But for decades they have been barred by law from purchasing a new or used automobile from a licensed car dealer.

Tomorrow and Friday, March 20-21, the FTC will host a two-day public workshop to examine evolving activities and trends that may be affecting competition in the health care industry.

In cities and towns throughout the U.S., hospitals are a key part of the health care delivery system. Every day, Americans seek care from their local hospital at significant and vulnerable times, from the birth of a baby to treatment for a serious illness. The FTC works to promote competition in health care markets, including hospital services, because vigorous competition promotes the delivery of high-quality, cost-effective health care.

Last year the FTC negotiated a consent order with Google Inc. and its subsidiary Motorola Mobility (MMI) resolving charges that the companies engaged in unfair competition by violating the FRAND commitments for some of MMI’s standard-essential patents (SEPs). A key feature in the Commission’s Order is a requirement that Google offer potential licensees binding arbitration when negotiations over licensing SEPs break down.

When Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976, it created minimum dollar thresholds to limit the burden of premerger reporting. In 2000, it amended the HSR statute to require the annual adjustment of these thresholds based on the change in gross national product. As a result, reportability under the Act changes from year to year as the statutory thresholds adjust. The PNO fields many questions about the upcoming adjustments to the HSR thresholds from parties whose transactions may take place around the time of the revisions.