Posts Tagged ‘antitrust’

Court dismisses suit claiming McDonald’s should have discounted hold-the-cheese orders

“The court slapped down a South Florida couple’s putative class action lawsuit, which sought $5 million in damages and claimed McDonald’s was wrong to force diners to pay for cheese on Quarter Pounder and Double Quarter Pounder burgers, whether or not they wanted it.” [Raychel Lean, Daily Business Review/Law.com, earlier here and here]

Banking and finance roundup

Cato-centric edition:

October 17 roundup

  • Antitrust legislation once targeted the unstoppable rise of chain stores A&P and Sears, both now bankrupt [my new Cato post, quoting Joe Nocera, Bloomberg (“The next time you hear somebody say that the dominance of Walmart or Amazon or Facebook can never end, think about Sears. It can — and it probably will.”)]
  • When you wish upon a suit: visitor grabs Disney cast member and screams at her after she asks him to move out of parade route, later pleads no contest to disorderly conduct, now wants $15,000 [Gabrielle Russon, Orlando Sentinel]
  • Tomorrow (Thurs.) at noon Eastern, watch a Cato panel on “Coercive Plea Bargaining” with Scott Hechinger of Brooklyn Defender Services, Bonnie Hoffman of the NACDL, and Somil Trivedi of the ACLU, moderated by Cato’s Clark Neily. Could you resist taking a plea bargain if faced with a false accusation? [Marc John Randazza, ABA Journal]
  • “I am a Democrat. But this may be the dumbest thing I have seen…. the Speech or Debate Clause makes about as clear as anything in the Constitution that a court cannot enjoin legislative officials from taking a fundamental legislative action such as a vote.” [Howard Wasserman on suit by Sen. Jeff Merkley (D-Ore.) asking court to, among other things, order delay of Senate vote on Kavanaugh nomination]
  • An ideological screen for CLE? Following demands from tribal attorneys, Minnesota bar authorities order shelving of continuing legal education class on Indian Child Welfare Act developments taught by attorney Mark Fiddler, who often handles ICWA cases on side adverse to tribes [Timothy Sandefur]
  • Left-leaning Florida Supreme Court nixes plan to let incumbent Gov. Rick Scott fill vacancies, entrenching its leftward lean for a while at least depending on outcome of governor’s race [Spectrum News 9]

August 22 roundup

July 5 roundup

Supreme Court roundup

AT&T Time Warner merger

My new piece at CNN begins by noting that antitrust law has moved on since the Truman era, even if the U.S. Department of Justice hasn’t quite:

In 1948 the US Supreme Court ordered Hollywood studios to sell their movie theaters, following the then-popular idea that the government should police marketplace competition by restraining businesses’ vertical integration — or as we might put it these days, by ordering content kept separate from distribution.

The surprise in 2018 is not so much that US District Judge Richard Leon rejected the government’s challenge to the $85 billion AT&T-Time Warner merger. That much was expected by most antitrust watchers. The shock came from the stinging way he rejected the government’s evidence — using language such as “gossamer thin” and “poppycock.”

CNN, of course, is owned by merger participant Time Warner. The question is not whether vertical integration will happen in video delivery, but whether older companies will be allowed to catch up. For Washington to block a merger like this, I suggest, “would be as futile as attempting to separate Net from Flix or You from Tube.”

Chasing data portability on social media

Data portability mandates on tech companies like Facebook are sometimes conceived as a way to bring about more competitive market structures pleasing to antitrust enforcers by engineering a less “sticky” consumer experience. But is it really much of a solution to anything? [Alex Tabarrok citing Will Rinehart, American Action Forum; more, Tyler Cowen]

May 30 roundup

  • “Leave your 13-year-old home alone? Police can take her into custody under Illinois law” [Jeffrey Schwab, Illinois Policy]
  • So many stars to sue: Huang v. leading Hollywood names [Kevin Underhill, Lowering the Bar]
  • Morgan Spurlock’s claim in 2004’s Super Size Me of eating only McDonald’s food for a month and coming out as a physical wreck with liver damage was one that later researchers failed to replicate; now confessional memoir sheds further doubt on baseline assertions essential to the famous documentary [Phelim McAleer, WSJ]
  • If you’ve seen those “1500 missing immigrant kids” stories — and especially if you’ve helped spread them — you might want to check out some of these threads and links [Josie Duffy Rice, Dara Lind, Rich Lowry]
  • “Antitrust Enforcement by State Attorney Generals,” Federalist Society podcast with Adam Biegel, Vic Domen, Jennifer Thomson, Jeffrey Oliver, and Ian Conner]
  • “The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.” [Jacob Sullum, more, Scott Greenfield, earlier on hate crimes model for “Protect and Serve Act”]