CPI Talks: Interview with José María Marín, President of the Spanish Competition Authority, Comisión Nacional de los Mercados y la Competencia.

CPI Talks: Interview with José María Marín, President of the Spanish Competition Authority, Comisión Nacional de los Mercados y la Competencia.

In this issue, CPI interviews President José María Marín about hot debated issues in Spain and Europe like new business models and the sharing economy, where the Spanish regulator recently released a thorough study on these subjects. We question Jose María about the preliminary findings, the likely opposition the CNMC faced by the government and […]

Think Again—Allocating Antitrust Risk in a Climate of Protracted Investigations

Think Again—Allocating Antitrust Risk in a Climate of Protracted Investigations

By Brian Burke and John Fedele – This article addresses the concept of “antitrust risk” before highlighting recent, high-profile transactions that have been subjected to antitrust investigations by the U.S. Antitrust Agencies and discussing several factors that contribute to the lengthening of antitrust investigations. In addition, it examines provisions that parties have used to allocate risk, […]

An Examination of the Proposed Teva-Allergan Merger

An Examination of the Proposed Teva-Allergan Merger

By William S. Comanor & Diana L. Moss –  The proposed Teva-Allergan merger joins the largest generic pharmaceutical company in the world, Teva Pharmaceuticals, with an important rival that is currently the third largest in world-wide generic sales. This article evaluates the competitive effects of the merger and its implications for consumer welfare in the United […]

Mega-Mergers: Key Considerations to Take to Get your Deal Through

Mega-Mergers: Key Considerations to Take to Get your Deal Through

By Nikolaos Peristerakis, Tom McGrath & Fay Zhou – While there appears to be a consensus among regulators and practitioners that “big is not necessarily bad” when it comes to merger transactions, mega-mergers will attract much more intense scrutiny, both on antitrust and non-antitrust grounds, by regulators that increasingly cooperate with each other, often at a […]

Antitrust Risk Re-assessment in Newly Concentrated Markets: Practical Ways to Preserve Freedom from Investigation

Antitrust Risk Re-assessment in Newly Concentrated Markets: Practical Ways to Preserve Freedom from Investigation

By Samantha Mobley & Grant Murray – This article explores what sorts of compliance precautions a company can consider when it finds itself in a highly concentrated market and may be more vulnerable to complaints and investigation. It provides practical suggestions on how to deal with information exchange and trade associations to play a bigger role, […]

Multisided Platforms, Dynamic Competition and the Assessment of Market Power for Internet-based Firms

Multisided Platforms, Dynamic Competition and the Assessment of Market Power for Internet-based Firms

By David S. Evans – This paper describes the new economics of multi-sided platforms by showing how new technologies have turbocharged this business model and led to online mobile platforms anchored by websites and mobile apps. In addition, it examines the implications of the online multi-sided platform business model for the analysis of market power for […]

The Ad Hoc Approach To Telecommunications Mergers: The Public Interest Compromised?

The Ad Hoc Approach To Telecommunications Mergers: The Public Interest Compromised?

By Warren Grimes – It is difficult to find consistency in the U.S. Justice Department’s (“Antitrust Division”) responses to the wave of telecommunications mergers. AT&T was barred from purchasing T Mobile. Comcast was warned not to acquire Time Warner Cable. Other comparably sized mergers have been given the green light, albeit some with conditions, including Comcast’s purchase of NBC Universal […]

Mega-Mergers: Squaring the circle

Mega-Mergers: Squaring the circle

Mergers have gained momentum in recent years. In FY 2015, 67 proposed mergers were valued at more than $10 billion. That is more than double the annual volume in 2014. We have witnessed an increased trend not only in the number of big mergers, but in the value thereof. As Bill Baer, former Assistant Attorney […]