Urging a “No” on H.R. 3843, the "Merger Filing Fee Modernization Act"
The following memo was sent to members of the U.S. House of Representatives and their staff, opposing H.R. 3843, the "Merger Filing Fee Modernization Act."
Letter in Opposition to H.R. 3843, the "Merger Filing Fee Modernization Act"
Please see the following letter from Ashley Baker, Robert H. Bork Jr., James Edwards, and Curt Levey in opposition to H.R. 3843…
ColemanNation Podcast: The Biggest Monopoly
Congressional Briefing on Antitrust Enforcement: What If? Consequences of Proposed Antitrust Legislation
Experts will discuss the consequences of current proposals, including how they would play out from an enforcement perspective, and why certain proposals are an affront to the rule of law.
Upcoming Event: Antitrust and the Rule of Law: Past, Present, and Future
This event will feature two panel discussions with experts on key issues in antitrust law, followed by a reception for attendees.
The Federal Trade Commission Needs to Be Reined in
Some courts have claimed the judicial branch lacks jurisdiction to even challenge the FTC procedures, meaning there is no one to hold the FTC accountable when they overstep.
Coalition Letter: Request for Investigation of the FTC’s Practice of Counting “Zombie Votes”
Using the votes of Commissioners who have departed from their roles at the FTC and concealing it from the public raises serious concerns regarding transparency and accountability. We therefore seek an investigation to determine the following: 1.) the legal basis for this practice, beyond compliance with internal voting rules; 2.) whether the practice has previously been used, when it was used, and, specifically, if it has been used to break ties; and 3.) information relating to each of the underlying proposals, votes, and relevant motions as well as the FTC's rationale for concealing these specific matters from public disclosure.
The National Security Implications of Antitrust: An Introduction
Big Tech, Antitrust, and Liberty
Recent actions by several tech companies of "deplatforming" some people have lead to a call for government to "do something." Many people are calling for antitrust legislation to break up Facebook, Twitter, Amazon and other tech companies that have a seemingly insurmountable advantage and are engaging in anti-competitive tactics. Is this a legitimate complaint?
Statement for the Record on Hearing: ‘Transforming the FTC: Legislation to Modernize Consumer Protection’
On July 1, 2021, the Federal Trade Commission (FTC), after allowing six days for public comment, voted to rescind the 2015 Statement of Enforcement Principles Regarding “Unfair Methods of Competition” (UMC) Under Section 5 of the FTC Act. On July 21, 2021, the FTC voted to rescind its bipartisan 1995 Policy Statement on Prior Approval and Prior Notice Provisions in merger cases.
Notably, both of these actions – along with other significant changes – were effected along party lines, with limited opportunity for public input, and without dialogue among the Commissioners. Today’s hearing will consider a wide array of reforms, many of which are relevant to the level of discretion and enforcement principles under FTC Act § 5 and to the broader capabilities and mandate of the Commission.
Biden's Executive Order on Competition: A Discussion
On July 9, President Biden signed the Executive Order on Promoting Competition in the American Economy, which is perhaps the most sweeping executive order in several decades, and will drastically expand the power of the federal government. The E.O. contains 72 specific actions that will impact not only tech companies, but also financial institutions, internet service providers, pharmaceutical companies, railways, airlines, biopharmaceutical innovators, drug prices, patent owners, and much more.
Our panel of antitrust experts discuss the underlying justifications for the order, the possible effects, and the implications for consumers, businesses, and regulatory agencies.
Comments In Re: Rescission of 1995 FTC Statement on Prior Approval and Prior Notice Provisions
It is troubling that the FTC will be considering a significant shift in policy as the open meeting agenda will include this sudden push to revoke the 1995 statement. Of particular concern is the rejection of the prior approval provision.
With the adoption of the 1995 statement, the Commission accepted the Hart-Scott-Rodino (HSR) Act framework as adequate for handling mergers and thereby determined that prior approval of future acquisitions by a respondent should no longer be required as a routine matter.
The rescission of the 1995 statement is another step in the direction of rejecting the HSR regime which, in the words of Peter W. Rodino, Jr on the 25th anniversary of the Act, “absolutely has transformed merger enforcement. Competition, as well as the consumer, has benefitted.”