John Mark Newman @johnmarknewman
Teach/write about antitrust @MiamiLaw. Former Deputy Director @ FTC Bureau of Competition, prof @ Memphis Law, trial attorney @ U.S. DOJ Antitrust Division. papers.ssrn.com/sol3/cf_dev/Ab… Miami, FL Joined September 2019-
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This is a pretty damning indictment of the potential for the "Major Questions Doctrine" to run absolutely wild and unchecked. Freewheeling judicial activism of any stripe ought to give conservative jurists a lot of pause.
WSJ editorial board yesterday: "FTC totally just made up the 'accessible luxury' and 'affordable handbag' sub-market." WSJ reporters in August 2023: writing stories about the "Accessible Luxury" and "Affordable Luxury" "category".
WSJ editorial board yesterday: "FTC totally just made up the 'accessible luxury' and 'affordable handbag' sub-market." WSJ reporters in August 2023: writing stories about the "Accessible Luxury" and "Affordable Luxury" "category". https://t.co/MP8whzcfeh
Really important point. All stakeholders--certainly including big businesses!--agree that civil antitrust litigation is extremely costly and time-consuming. Yet when it comes to antitrust rules (admin or legislative), suddenly broad-ranging antitrust litigation is optimal.
Really important point. All stakeholders--certainly including big businesses!--agree that civil antitrust litigation is extremely costly and time-consuming. Yet when it comes to antitrust rules (admin or legislative), suddenly broad-ranging antitrust litigation is optimal.
Same -- it takes an awful lot to tempt me out of tropical paradise, but this event is always such a vibe I couldn't resist 🌴🌴🌴 (...plus I've never had a Portillo's Italian beef sandwich and am determined to try one before shuffling off this mortal coil...)
Same -- it takes an awful lot to tempt me out of tropical paradise, but this event is always such a vibe I couldn't resist 🌴🌴🌴 (...plus I've never had a Portillo's Italian beef sandwich and am determined to try one before shuffling off this mortal coil...)
Maybe even more interesting, from the complaint: FTC alleges Tapestry & Capri compete not only for shoppers, but also for workers. Still using the relevant-market framing (the shopper-facing "accessible luxury handbags" market), but in a more flexible way.
Maybe even more interesting, from the complaint: FTC alleges Tapestry & Capri compete not only for shoppers, but also for workers. Still using the relevant-market framing (the shopper-facing "accessible luxury handbags" market), but in a more flexible way.
ICYMI (amidst a big merger challenge & huge rulemaking), the FTC just announced the appointment of a third ALJ. A smart move that won't grab headlines but will beef up the agency's internal capacity and help move in-house cases along faster. ftc.gov/news-events/ne…
Massive week for Swifties -- Ticketmaster may soon face a DOJ antitrust lawsuit AND the new album drops this Friday.... rollingstone.com/music/music-ne…
This also looks like a great example of overlooking the second half of the statute! Not pointing any fingers; I've done it myself for years and years. But no more -- we have a brand-new paper on "The Forgotten Half of Section 7" at papers.ssrn.com/sol3/papers.cf….
This also looks like a great example of overlooking the second half of the statute! Not pointing any fingers; I've done it myself for years and years. But no more -- we have a brand-new paper on "The Forgotten Half of Section 7" at papers.ssrn.com/sol3/papers.cf….
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129 Followers 707 Following SVP of Gov Relations at National Grocers Assn. I love food and the politics of it, too. Tweets my own.@johnmarknewman @ddayen The NY Times front page is chock full of unimportant shit these days. I don't think it's quite the indicator light this person thinks it is.
Roark Capital completes its purchase of Subway. Turns out the FTC doesn't block every merger and people mocking the commission for opposing 'big sandwich' were lying for opportunistic reasons. wsj.com/livecoverage/s…
So, @Sherman1890, you tell me there's so much nonsense about consumer welfare. But you spend a lot of time on that nonsense, too. Let's discuss. 🧵 #Antitrust #Econtwitter
So much nonsense here about what SCT has said about "output," "price," "consumer welfare," the "competitive process." I collected a compendium from the language of the federal courts. Hint: not much "consumer welfare," but alot of "price" and "output." papers.ssrn.com/sol3/papers.cf…
@johnmarknewman do we really want to make the New York Times an unofficial branch of the judiciary?
Had a blast taping the latest Slingshot with @sandeepvaheesan and Darren Bush today. While debating the FTC’s latest merger challenge, we resolved to cut the podcast short to launch our own line of affordable luxury handbags, in light of the negligible entry barriers in fashion.
NEW: FTC sent warning letters to AstraZeneca, Novo Nordisk, Boehringer Ingelheim, Covis Pharma, Glaxo-Smith Kline, Novartis Pharmaceuticals Corp., Teva Pharmaceutical Industries Ltd., and Amphastar Pharmaceuticals disputing the accuracy of their patents on the FDA's Orange Book.
@johnmarknewman Same! papers.ssrn.com/sol3/papers.cf… I still don't consider myself a textualist, as the problems with it are numerous and there is no such thing as a neutral method of statutory interpretation. I prefer giving "hospitable scope to [the] Congressional purpose" 👇312 U.S. 219, 235 (1941)
Conservative-leaning practitioners should be reminded that the antitrust laws can apply to "*Every*....restraint of trade" or "*any* part of...trade or commerce" or "in *any* line of commerce" Last time I checked, "Every" and "all" leave no exceptions. papers.ssrn.com/sol3/papers.cf…
WSJ editorial board yesterday: "FTC totally just made up the 'accessible luxury' and 'affordable handbag' sub-market." WSJ reporters in August 2023: writing stories about the "Accessible Luxury" and "Affordable Luxury" "category".
@johnmarknewman This! Non-competes would need to be so great (for doctors, bankers, and execs) that they justified the litigation and assessment costs plus the inevitable over enforcement of a standard. And even that ignores all notions of fairness.
This lazy argument is basically that middle-to-upper income consumers aren’t deserving of protection from the antitrust laws. By this logic, we should allow all ski resorts to come under the control of two companies. Oh wait, we did that!
Some quick thoughts on that godawful WSJ editorial attacking Lina Khan and the FTC’s challenge to the merger of accessible luxury handbags …
And by this "hellsite," I mean Twitter. The args are from Chamber of Commerce flacks and corporatist law profs suggesting case-by-case adjudication is superior to a blanket ban via rulemaking. Wrong! Workers don't have time or resources to fight these non-compete cases in court.
@TheEconomist I’ve seen some args on this hellsite that non-competes are best addressed via antitrust litigation. Let me say as someone with experience, I was involved in litigation that lasted ten years to resolve a non-compete. Great for the defense lawyers and expert witnesses!
Good read on labor and antitrust today in @axios by @EmilyRPeck and @felixsalmon axios.com/newsletters/ax…
Great work!
1. Williams-Sonoma claimed its products were made in America even though they were made in China. A repeat violator, Williams-Sonoma will be required to pay a record penalty. ftc.gov/news-events/ne…
@johnmarknewman I think there are a few in the Tampa area if you don’t want to leave the warm embrace of the sunshine state.
Driver is explaining to me in detail how to order: mixed Italian sausage & beef with hot peppers, no sweet; dipped; cheese fries; chocolate cake milkshake.
Same -- it takes an awful lot to tempt me out of tropical paradise, but this event is always such a vibe I couldn't resist 🌴🌴🌴 (...plus I've never had a Portillo's Italian beef sandwich and am determined to try one before shuffling off this mortal coil...)
@johnmarknewman Portillo’s when you can and Tortas Frontera at O’Hare is the way to go.
Looking forward to flying to Chicago tomorrow for the Loyola University Chicago #Antitrust Colloquium. Nice line up of papers, AND @BedoyaFTC as a lunchtime speaker--we meet at last!