Recent Articles

HSR Primer: §7 and HSR

David Fischer
January 07, 2009 23:53

If you think it’s bad having to admit at parties that you are a lawyer, try explaining that what you deal with is called the Hart-Scott-Rodino Antitrust Improvements Act of 1976. At least you won’t be stuck talking about work all night. But if there isn’t much glamor in HSR work,...

Today is HSR Day - 3rd Edition of Axinn/Fogg/Stoll/Prager/Nisa Out

David Fischer
January 07, 2009 22:18

I am declaring today HSR Day. After the announcement of the new adjusted thresholds for 2009 came out, the Third Edition of Acquisitions Under the Hart-Scott-Rodino Antitrust Improvements Act: A Practical Analysis of the Statute & Regulations landed on my desk. This trusted and indispensible...

New HSR Thresholds Announced

David Fischer
January 07, 2009 21:55

The FTC has announced the new adjusted HSR thresholds. Every year the thresholds are adjusted, up from the original amounts in §7A Clayton Act. Adjustments will be effective 30 days after publication. The FTC’s press release is here. HSR ORIGINAL THRESHOLD AND ADJUSTED THRESHOLD $10 ...

NIN CC-Licensed Ghosts Album Tops Amazon 2008 Download Charts

David Fischer
January 05, 2009 21:34

This is truly remarkable. NIN’s album Ghosts I-IV is ranked the best selling MP3 album of 2008 on Amazon’s MP3 store. Take a moment and think about that. NIN fans could have gone to any file sharing network to download the entire CC-BY-NC-SA album legally. Many did, and thousands will c...

Essential Facilities and Infrastructure Theory

David Fischer
January 05, 2009 08:21

I am very much looking forward to the ABA 2009 Antitrust Intellectual Property Conference in my new hometown Berkeley, where I will be on a panel about different approaches toward “forced access” to IP in the US and in the EU. My remarks will focus on the exciting contributions that...

Posner, Unions, The UAW and Cartels

David Fischer
December 30, 2008 21:03

Gary Becker and Richard Posner have a piar of interesting posts about the UAW and costs to American car manufacturers (Posner’s post, Becker’s post).  Posner on unions as a cartel: Unions, in other words, are worker cartels. Workers threaten to withhold their labor unless paid more ...

On The Move: Michael Baye & Pauline Ippolito

David Fischer
December 23, 2008 16:13

Michael R. Baye, who served as the director of the Federal Trade Commission’s Bureau of Economics for the past year and a half, is leaving the FTC on December 31 to return to Indiana University’s Kelley School of Business.  Pauline Ippolito will take over as director of the FTC’s Bureau ...

Whole Foods Sues The FTC

David Fischer
December 09, 2008 23:11

The complaint (via the Legal Time’s BLT) is here (pdf). The BLT reports that: Whole Foods asks for injunctive relief that would order the FTC to halt a specialized administrative trial involving the merger, set for February 2009, and move all future proceedings into federal...

Blawg Review #189

David Fischer
December 08, 2008 22:16

Blawg Review #189 is now available at Infamy or Praise.Blawg Review #189 is now available at Infamy or Praise.

Oral Argument in Pacific Bell Telephone Co. v. linkLine Communications, Inc.

David Fischer
December 08, 2008 21:59

Earlier today, the Supreme Court heard oral arguments in Pacific Bell Telephone Co. v. linkLine Communications, Inc..  You can access the transcript here (pdf).  And you can read Manfred’s primer on the case here.Earlier today, the Supreme Court heard oral arguments in Pacific Bell Telephone C...