In March 2009, the D.C. District Court enjoined the proposed merger between automobile insurance software system providers CCC Information Services and Mitchell International, resulting in the parties abandoning the transaction. The case marked the FTC’s first district court victory in a...

There have been calls for the Federal Trade Commission and U.S. Department of Justice to consider the potential loss of consumer privacy as a factor in their merger reviews and to challenge mergers of firms with large stores of personal data that otherwise pose no competitive issues. I contend...

At least since the early 1980s, the core principles of merger enforcement policy have been stable. Horizontal mergers that create, enhance, or facilitate the exercise of market power and vertical transactions that adversely affect horizontal competition are condemned, and consumer welfare is the...

Partisan splits on antitrust enforcement are not new, but some recent divides have gone beyond the usual differences between Republicans and Democrats. Today, we see disagreements among commissioners at the Federal Trade Commission on foundational aspects of competition policy, such as the goals...

In June 2020, the Department of Justice and Federal Trade Commission released updated Vertical Merger Guidelines. Consistent with recent public debates on vertical merger policy, the new guidelines have been controversial, garnering both praise and criticism. Yet the development and longevity of...

Antitrust enforcement in technology industries can be challenging: historical market information may have limited relevance, market shares may be unstable, and new entrants can be highly disruptive. Both the Federal Trade Commission and the Department of Justice have acknowledged the rigors of...