Ben Remaly
@BenRemaly
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Antitrust/journalism stuff - @GCR_alerts Tips welcome - [email protected] signal 973-647-8444
Washington, DC
Joined October 2015
So sorry to hear that Jim Rill, a true giant in #antitrust, has passed. His tenure heading@JusticeATR was just part of his legacy in the field. He was a true gentleman and wonderful mentor to so many, me included. Our field is diminished with his death but a better place because
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@BenRemaly. Judge Boasberg in Meta: "eyeballing the apps and looking at some surveys does not produce evidence remotely as useful as examining actual consumer behavior."
@Sherman1890 Behavioral antitrust has arrived?
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The courts on antitrust: Proceed with caution in fast-moving tech markets. https://t.co/IJexRbzjji
nytimes.com
Silicon Valley has increasingly pointed at rapid digital changes to blunt government efforts to rein in its power.
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FTC permitted Facebook/Instagram (2012) and Facebook/WhatsApp (2014) without conditions.
I’m still reviewing the court’s Meta opinion, but my first reaction is that this just amplifies the importance of stopping anticompetitive mergers before they are consummated. It’s much harder to undo the damage years later, especially under the stricter standard of Section 2
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FTC spox: "We are deeply disappointed in this decision. The deck was always stacked against us with Judge Boasberg, who is currently facing articles of impeachment. We are reviewing all our options."
BREAKING: @FTC loses Meta case
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Judge Boasberg doubts that the FTC's economic expert, Scott Hemphill, weighed the evidence "objectively" because he pitched the case to the FTC with Tim Wu.
FTC loses its case seeking to break up Facebook/WhatsApp/Instagram. Judge Boasberg concluded that the existence of TikTok means Meta does not have a monopoly over personal social network services
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FTC loses its case seeking to break up Facebook/WhatsApp/Instagram. Judge Boasberg concluded that the existence of TikTok means Meta does not have a monopoly over personal social network services
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It appears there will not be a written opinion. Judge Jeffrey Cummings spoke for over 90 minutes during a hearing today. Merging parties rebutted a presumption of antitrust harm by agreeing to divest key assets to Integer.
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The FTC has lost its challenge to the GTCR/Surmodics merger (medical device coatings)
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Today I am giving thanks to God as I come home from a successful emergency heart valve repair operation earlier this week. I am eternally grateful to Dr. Eric Sarin, his team, and the amazing nursing staff at @ISHVnews for their excellent care. Without them, I probably wouldn’t
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Judge Justin Walker dedicated most of his dissent to citing instances in which Lina Khan discussed companies that she later investigated as FTC Chair.
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"But we underscore that the district court’s decision is only a tentative determination governing the litigation interim, since Media Matters ultimately will have to clear a number of daunting legal hurdles to prevail."
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The DC Circuit has denied the FTC's request to pause a lower court's finding that the agency's probe of Media Matters likely violated the First Amendment.
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