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I disagree. You don’t necessarily have to win big cases. You just have to show that you are willing to take them to court, and that alone projects power. The re

I disagree. You don’t necessarily have to win big cases. You just have to show that you are willing to take them to court, and that alone projects power. The result is that companies are less likely to file dubious mergers, and this is exactly what we want and what is happening: https://www.whitecase.com/insight-our-thinking/mid-year-2023-wams-data-show-global-decrease-merger-filing-notifications https://www.whitecase.com/insight-our-thinking/mid-year-2023... Wall street is increasingly worried btw that Google might lose its case: https://seekingalpha.com/news/4027809-antitrust-suit-against-google-giving-barclays-the-heebie-jeebies https://seekingalpha.com/news/4027809-antitrust-suit-against...

JumpCrisscross 3y ago
> You just have to show that you are willing to take them to court This only deters small firms. If you can afford to fight, it’s currently worth it. The FTC will show up unprepared [1], and you will win. Wall Street loves Lina. [1] https://storage.courtlistener.com/recap/gov.uscourts.dcd.224921/gov.uscourts.dcd.224921.73.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.dcd.224...
- haizhung 3y ago
  *If* you are taken to court, it’s probably always worth the fight, losing such a trial has massive consequences. However, in the past, that was an empty threat, the FTC would only take cases to court that they would win 100% - which vastly errs on the side of caution. It also meant that you could basically expect never to be challenged on a merger. That has changed now. Now, there is a real chance that your mergers and anticompetitive behavior will get examined and THAT is the deterrent. The new FTCs behavior causes ripples long before an actual court case. There is a difference between „I will never get taken to court“ and „I will probably get taken to court, and then I will probably win but honestly, all bets are off“.
  - ikekkdcjkfke 3y ago
    But it's also setting precedents for future cases, so low effort/publicity stunt cases are also bad

JumpCrisscross 3y ago

> You just have to show that you are willing to take them to court This only deters small firms. If you can afford to fight, it’s currently worth it. The FTC will show up unprepared [1], and you will win. Wall Street loves Lina. [1] https://storage.courtlistener.com/recap/gov.uscourts.dcd.224921/gov.uscourts.dcd.224921.73.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.dcd.224...

haizhung 3y ago
*If* you are taken to court, it’s probably always worth the fight, losing such a trial has massive consequences. However, in the past, that was an empty threat, the FTC would only take cases to court that they would win 100% - which vastly errs on the side of caution. It also meant that you could basically expect never to be challenged on a merger. That has changed now. Now, there is a real chance that your mergers and anticompetitive behavior will get examined and THAT is the deterrent. The new FTCs behavior causes ripples long before an actual court case. There is a difference between „I will never get taken to court“ and „I will probably get taken to court, and then I will probably win but honestly, all bets are off“.
- ikekkdcjkfke 3y ago
  But it's also setting precedents for future cases, so low effort/publicity stunt cases are also bad