Comments & Posts
I regularly join amicus briefs and provide public comments
on antitrust law and policy issues. Links and details for
some of my recent policy work follow.
Policy Work
Please note that several of the below comments are coauthored with other commentators or issued as the statements of an independent body. While I cannot (and often do not) stand behind every word of a coauthored comment, these documents are almost always carefully considered and worthy of attention.
2023 Public Comments on the Department of Justice and the Federal Trade Commission Draft Merger Guidelines (Sep 18, 2023).
- Summary
- In July 2023, the FTC and DOJ sought public comments on draft merger guidelines. The comments I submitted identify areas for improvement in market definition and the presentation of information to readers.
Comments Regarding the American Innovation and Choice Online Act, for ABA Antitrust Law Section, U.S. Comments and Policy
Committee (Apr 2022).
- Summary
- The Antitrust Law Section of the American Bar Association submitted these comments to Congress to raise concerns with the American Innovation and Choice Online Act. The comments note that the bill departs from accepted principles of competition law and alerts that this departure risks unpredicted and unintended consequences. The views expressed in this comment are presented on behalf of the Section of Antitrust Law. They have not been reviewed or approved by the House of Delegates or the Board of Governors of the American Bar Association and should not be construed as the position of the American Bar Association.
Analyzing the Scope of Enforcement Actions Against Consummated Mergers in a Time of Heightened Scrutiny, for ABA Antitrust Law Section, Competition/Consumer
Protection Policy and North American Comments Task Force (Apr
2020).
- Summary
- Despite the widespread adoption of premerger investigation frameworks, consummated mergers are still investigated and challenged with some regularity. This discussion paper considers the pros and cons of premerger and consummated merger review and discusses considerations of enforcement balance. The views stated in this discussion paper have not been reviewed by all members of the House of Delegates or the Board of Governors of the American Bar Association and therefore should not be construed as representing the policy positions of the American Bar Association.
2020 Public Comments on the Department of Justice and the Federal Trade Commission Draft Vertical Merger Guidelines, with H. Su (Feb 25, 2020).
- Summary
- In early 2020, the FTC and DOJ sought public comments on newly released draft vertical merger guidelines. The comments that Henry Su and I submitted identify several specific areas for improvement in the draft merger guidelines. Several of these proposals were implemented in the final vertical merger guidelines released in the summer of 2020.