5 ms·

Challenging things like this is a great first step, but they’ve got to actually win.

• jauntywundrkind 3y ago
  The threat of litigation is often enough to change behaviors radically. For example, many companies that had taken advantage of putting devices into the Hatch-Waxman Orange Book being an unchecked unmonitored way to lay claim took their devices off once they saw the FTC starting to get interested. Adopting a narrow view of success is detrimental. Yes, it's hard as heck to figure out how to appreciate & be happy for "number of mergers never proposed because the FTChas actually started taking anti-trust seriously again". We will never have hard data. But for sure for sure for sure, companies are being more cautious, are thinking twice before trying to acquire their competitors or buying a company to land horizontal market control. Even losing is a detriment. The FTC had done nothing under Borkism. It was free reign. Even winning to the FTC isn't fun. It's expensive as heck, and there's a ton of discovery that happens & sheds light in a lot of dark dark places in your corporation. And other people see, hey, the FTC is out there, they're doing things, and maybe we won't get as lucky. Last, people act like, oh, the FTC lost, they must be incompetent & unable to build cases, but there's a ton of random chance & whim that goes into each case; replay a case in another courtroom or with different judges or juries and who knows what would have happenen.