Tag: Competition

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The New York State Public Service Commission is on a path to move away from traditional cost-of-service regulation for electric utilities. This is good news for New York consumers who might be looking to lower their electric bill or reduce their reliance on the power grid. In fact,...
During an antitrust investigation, we often hear that our concerns fail to account for disruptive forces that will soon emerge and shake up the competitive dynamic in the market in the near future—from an innovative newcomer or from the emergence of a completely new business model.  I...
With a tinge of both nostalgia and anticipation, I am pleased to announce a number of management changes at the Bureau. As you may have heard, Deputy Director Steve Weissman will be returning to private practice shortly. Steve is heading back to Baker Botts, where he will help lead...
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 how to value publicly traded stock in order to determine reportability under the...
Antitrust law seeks to promote efficiency and economic welfare. But companies may want to collaborate to advance other social objectives. I recently spoke at a program entitled “Antitrust Law and Corporate Social Responsibility,” hosted by the Council for International Business. The...
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 services in competition with the state’s licensed dentists. N.C. State Bd. of Dental...
Today I spoke to a group of antitrust practitioners and business people at a GCR Live event in New York, where I discussed the court’s decision in FTC v. Sysco Corp.
It’s easy to be blasé about electric power: Flip a switch and the lights come on. Plug in your phone and it recharges. Maybe you have a vague sense that behind the plug is a vast infrastructure of lines and junction boxes, all leading back to far-away power plants that generate...
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-Scott-Rodino Act by failing to make the necessary premerger notification filings when...
Today the FTC and DOJ released the FY 2014 Hart-Scott-Rodino Annual Report, which details the agencies’ merger review and enforcement program for October 1, 2013 through September 30, 2014. As the only complete source of data on federal merger enforcement, the HSR Report is worth a...
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 though the FTC and DOJ on average issue a Second Request in less than 5 percent of...
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 implicate 16 C.F.R.
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 varied roles that monitors play in assuring that the order maintains or restores...
In a variety of industries, the FTC advocates for policies that promote competition. Why? Because studies show competition works, for our citizens and for our economy. Competition typically improves consumer welfare through lower prices, expanded output, better service and more...
Is more information about prices always a good thing for consumers and competition? Too much transparency can harm competition in any market, including in health care markets.
I am pleased to announce that Ben Gris has been promoted to Assistant Director of the Mergers II Division. Ben joined Mergers II in 2006 from private practice, and became a Deputy Assistant Director of the shop in 2011.
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 Ramirez spoke about the privacy implications of the big data revolution, and...
FTC staff has doggedly tracked down information about competition in the pet medications industry for the past several years. Why? Because it’s a large and growing consumer market. With 65 percent of American households owning a pet, and retail sales of prescription pet medications...
These days, the sharing economy is all around us. One person might use her smartphone to get an Uber ride to a dinner arranged through Feastly. Another might hire a Taskrabbit to clean up his garden for spring and order custom pots for his flowers from a seller on Etsy. But do these...
Consumers frequently contact the Bureau of Competition to alert us that the cost of a prescription drug suddenly spiked up, and ask if the FTC can take antitrust action to bring the price back down. The answer in a nutshell is that it depends on the reason for the price change...

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