Amid the ongoing discussion surrounding “net neutrality,” the FTC’s role in overseeing broadband Internet access service (BIAS) has received increasing scrutiny following the recent passage of the FCC’s Restoring Internet Freedom Order (“RIF Order”). Several recent developments indicate that, although the Federal Communications Commission (FCC) will continue to have a shared role in monitoring broadband markets, the Federal Trade Commissions … Continue Reading
In June 2015, the Federal Trade Commission (FTC) held a workshop on The “Sharing” Economy: Issues Facing Platforms, Participants, and Regulators. The Commission also solicited public comments on the topic, receiving more than 2,000 comments in response. On 17 November, the Commission issued a report summarizing the issues explored in the workshop and the public comments. The report emphasized … Continue Reading
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of the transferred business, the buyer … Continue Reading
Antitrust regulators around the globe reinforce the importance of innovation for the assessment of mergers and acquisitions.
The European Commission this month published a policy brief on the role of innovation in merger control within the European Union (EU) outlining the Commission’s approach to the assessment of innovation in the context of merger control. In addition, EU Commissioner Vestager in … Continue Reading
Comcast’s failed acquisition of Time Warner Cable (“TWC”) presents a lesson in the types of antitrust harms that merger enforcers in the United States are willing to pursue.
Using traditional “horizontal” merger analysis, the combination would have resulted in almost no reduction of head-to-head competition, as there were very few geographic areas in which the two companies were head-to-head rivals. … Continue Reading