A Toxic Mix of Antitrust, Politics and Jobs

A Toxic Mix of Antitrust, Politics and Jobs

A five-decade consensus on the objectives of antitrust law is under threat today from the extraordinarily divisive politics of contemporary America. It took a long time and sordid episodes to get the politics out of antitrust—it would be a shame to go backwards and politicize competition policy again.

Does the OS Want To Be Free?

Does the OS Want To Be Free?

When Google’s proposed acquisition of Motorola Mobility was announced in 2011, the business press focused mainly on the extension of Google’s core business from Internet search into hardware. But from a legal perspective, the treatment given the deal by competition authorities in the United States, the EU and China raises intriguing questions about the scope and objectives of merger policy in emerging technology markets.

AT&T, T-Mobile & Behavioral Remedies

AT&T, T-Mobile & Behavioral Remedies

Although the AT&T/T-Mobile deal has both horizontal and vertical elements, most media and analyst discussion to date has focused on direct competition for wireless subscribers, the classic horizontal concentration question. Regardless of the result there, observers can expect behavioral injunctions, whether by DOJ consent decree or FCC “conditions” to approval, addressing the deal’s vertical factors.

The Constitution In Action

The Constitution In Action

The outcry over federal judge Vaughn Walker’s decision overturning California’s Proposition 8 — which declared same-sex marriages unlawful — is hardly atypical where the Constitution is concerned. Why should a single judge, or nine (Supreme Court) judges, have the power to override the legitimate majority vote of citizens in a democracy?