Category:Antitrust
Regulatory Framework for Airline Mergers: Recent Scrutiny by Regulators Leads to Splitting Antitrust Decisions by the DOJ and DOT
Alaska Airlines and Hawaiian Airlines’ proposed $1.9 billion merger has survived litigation by the U.S. Department of Justice (“DOJ”) and the Department of Transportation (“DOT”) following recent scrutiny of airlines by regulators. Earlier this year, a federal judge blocked the $3.8 billion acquisition of Spirit Airlines by JetBlue due to antitrust concerns. The DOJ successfully blocked the acquisition by arguing it would stifle competition and raise prices for consumers. The Alaska Airlines and Hawaiian Airlines merger managed to survive an inquiry by the DOT leading to split decisions by regulators.
Playing Hardball: MLB’s Antitrust Immunity Goes into Extra Innings
Major League Baseball’s (MLB) century-long immunity from antitrust law may soon come to an end depending on the Supreme Court’s ruling in the pending Tri-City ValleyCats, Inc. v. Office of the Commissioner of Baseball. The petitioners, a pair of minor league baseball teams, are seeking to overrule years of precedent that allow the league to function as both a monopsonist (only buyer in the market) and monopolist (only seller in a market) given its unique control over the professional baseball market. While other professional sports leagues are subject to competition laws, MLB is uniquely positioned to have complete control over licensing, geographic exclusivity for teams, broadcasting, and salaries. Unsurprisingly, MLB’s unrestricted control of the multibillion-dollar professional baseball market has raised concerns about the continued exemptions.
Amazon is FTC’s New “Prime” Suspect
The Federal Trade Commission (FTC) and 17 state attorneys brought a lawsuit against Amazon on September 26, 2023 claiming that Amazon is engaging in illegal activities to solidify their monopolistic grip on the online retail marketplace.
Microsoft is “Leveling Up”: Microsoft’s Acquisition of Activision
On January 18, 2022, Microsoft announced that it will be acquiring Activision Blizzard, one of the world’s largest gaming corporations. This will be Microsoft’s biggest acquisition in the company’s history. The acquisition is an all-cash purchase, with Microsoft paying $95 per Activision share, totaling to around $68.7 billion dollars. Microsoft and Activision had an original signing date to complete the merger agreement on July 18, 2023, but the companies pushed the date back to October 18 amid regulatory pushback. Although the merger is exciting news for many companies and individuals, other are less than enthused about the new development.
PGA Tour and LIV Golf Partnership: A Swing and a Miss?
The PGA Tour and LIV Golf have agreed to a partnership, ending the rivalry that has divided golf for the past year. While golf fans may be rejoicing, it may be a premature celebration as the Justice Department has already been investigating the golf industry for anticompetitive behavior. The announcement of the PGA Tour and LIV Golf partnership has raised further concerns about monopolistic practices within the golf industry.