1 00:00:00,080 --> 00:00:04,040 Speaker 1: Republican presidents often preside over relaxed an I trust enforcements. 2 00:00:04,400 --> 00:00:06,440 Speaker 1: But if two recent deals are in the indication, the 3 00:00:06,480 --> 00:00:09,440 Speaker 1: Federal Trade Commission isn't scaling back, at least when it 4 00:00:09,440 --> 00:00:13,000 Speaker 1: comes to propose corporate mergers. Last week of fantasy sports, 5 00:00:13,039 --> 00:00:16,479 Speaker 1: fantasy sports rivals Draft Kings and fan Duel walked away 6 00:00:16,560 --> 00:00:19,680 Speaker 1: from a merger agreement after the FTC filed a legal 7 00:00:19,760 --> 00:00:23,120 Speaker 1: challenge that followed a decision by Walgreens to rework an 8 00:00:23,120 --> 00:00:26,319 Speaker 1: acquisition deal with rival Right Aid again in the face 9 00:00:26,360 --> 00:00:29,680 Speaker 1: of FTC skepticism. With us to talk about the antitrust 10 00:00:29,720 --> 00:00:33,160 Speaker 1: climate at the Federal Trade Commission is Alexei Alexis. He's 11 00:00:33,200 --> 00:00:36,960 Speaker 1: the antitrust reporter for Bloomberg b n A. Alexei, thanks 12 00:00:36,960 --> 00:00:39,559 Speaker 1: so much for joining us. So let's just start by 13 00:00:39,720 --> 00:00:42,760 Speaker 1: telling us about these two deals. Why were they seen 14 00:00:42,920 --> 00:00:47,800 Speaker 1: as problematic by the FTC. Well as, starting with the 15 00:00:48,240 --> 00:00:50,760 Speaker 1: deal between Draft Kings and fan Duel, you had a 16 00:00:50,800 --> 00:00:55,160 Speaker 1: merger where, according to the FTC, it would have led 17 00:00:55,200 --> 00:00:58,520 Speaker 1: to a near monopoly where the companies would have commanded 18 00:00:58,520 --> 00:01:02,720 Speaker 1: more than of the UH daily fantasy sports market. And 19 00:01:02,800 --> 00:01:06,360 Speaker 1: so that's the type of deal that that may have 20 00:01:06,480 --> 00:01:11,319 Speaker 1: been blocked UH in in any administration, and so that 21 00:01:11,360 --> 00:01:15,160 Speaker 1: there were clear concerns there. With with Walgreen's variety, you 22 00:01:15,200 --> 00:01:17,840 Speaker 1: had a deal that some analysts would say it's more 23 00:01:17,959 --> 00:01:22,320 Speaker 1: on the margins, meaning that there were some concerns that 24 00:01:22,440 --> 00:01:24,240 Speaker 1: could have been worked out, but just at the end 25 00:01:24,280 --> 00:01:28,399 Speaker 1: of the day that it just didn't get through things. 26 00:01:28,480 --> 00:01:30,760 Speaker 1: That is a little different about what's going on at 27 00:01:30,760 --> 00:01:32,840 Speaker 1: the FTC right now is that there's really only two 28 00:01:33,480 --> 00:01:37,080 Speaker 1: commissioners right now UM, one Republican and one Democrat. It 29 00:01:37,120 --> 00:01:39,760 Speaker 1: doesn't seem to have stalled the work, but what what 30 00:01:39,959 --> 00:01:41,960 Speaker 1: is the dynamic like when you have a split like 31 00:01:42,000 --> 00:01:46,920 Speaker 1: that at the top of the commission. It's a first 32 00:01:46,959 --> 00:01:50,160 Speaker 1: of all, an unprecedented situation where you have two out 33 00:01:50,160 --> 00:01:55,800 Speaker 1: of the five UH feats filled UH and UH the 34 00:01:56,520 --> 00:02:00,920 Speaker 1: UH it's it's only increased the importance of partsanship at 35 00:02:00,920 --> 00:02:04,559 Speaker 1: the agency. You currently have one Republican and one Democrat, 36 00:02:04,960 --> 00:02:08,680 Speaker 1: and so the agency has led by marine allhousing the 37 00:02:08,720 --> 00:02:12,600 Speaker 1: Republican and UH. Nothing can be done basically without those 38 00:02:12,600 --> 00:02:15,960 Speaker 1: two agreeing. So it's only increased the importance of them 39 00:02:15,960 --> 00:02:19,000 Speaker 1: working together. Having said that, UH, with a lot on 40 00:02:19,040 --> 00:02:21,760 Speaker 1: their plate, they've managed to get through a lot of 41 00:02:21,800 --> 00:02:26,360 Speaker 1: matters and dispense with uh not only draft Kings van Duel, 42 00:02:26,919 --> 00:02:29,960 Speaker 1: but also some other deals that actually ended up being 43 00:02:30,000 --> 00:02:34,120 Speaker 1: approved with conditions. So who is sort of running the 44 00:02:34,200 --> 00:02:38,520 Speaker 1: show over there? Is it that the staff has more 45 00:02:38,600 --> 00:02:41,440 Speaker 1: importance now? With only those two commissioners? What's tell us 46 00:02:41,560 --> 00:02:43,920 Speaker 1: just a little more about the dynamic in terms of 47 00:02:43,919 --> 00:02:47,919 Speaker 1: making decisions on on these sorts of deals. So that's 48 00:02:48,000 --> 00:02:52,799 Speaker 1: typically what happens in in any case, as these commissioners 49 00:02:52,840 --> 00:02:56,720 Speaker 1: rely a lot on a career staff who worked very 50 00:02:56,800 --> 00:03:00,760 Speaker 1: hard and uh uh from day to day and and 51 00:03:00,800 --> 00:03:06,480 Speaker 1: make recommendation to recommendations to the commissioners, who uh can 52 00:03:06,560 --> 00:03:10,360 Speaker 1: decide to either accept or reject those recommendations. And so 53 00:03:10,440 --> 00:03:15,520 Speaker 1: that's become particularly important in this case because again, uh 54 00:03:15,680 --> 00:03:20,200 Speaker 1: that the commissioners are having to work together very closely 55 00:03:20,240 --> 00:03:25,200 Speaker 1: and look at things in a very by bipartisan way. Alexie, 56 00:03:25,960 --> 00:03:28,000 Speaker 1: is this a matter of you know, you've only got 57 00:03:28,040 --> 00:03:30,120 Speaker 1: two commissioners, You've got the staff doing a lot of 58 00:03:30,120 --> 00:03:33,079 Speaker 1: the work. Is this a matter of the Trump administration 59 00:03:33,120 --> 00:03:36,080 Speaker 1: just hasn't paid attention to the FDC FTC so much 60 00:03:36,120 --> 00:03:38,160 Speaker 1: so it's kind of rolling along the way it was, 61 00:03:38,440 --> 00:03:41,120 Speaker 1: or can we expect that this kind of approach is 62 00:03:41,120 --> 00:03:46,400 Speaker 1: going to continue throughout the Trump administration. Well, any trust 63 00:03:46,440 --> 00:03:51,320 Speaker 1: analysts h had predicted, uh some of them anyway up 64 00:03:52,000 --> 00:03:55,480 Speaker 1: early in the administration that because of the way that 65 00:03:55,560 --> 00:03:59,560 Speaker 1: any trust works, UH we we wouldn't see a huge 66 00:03:59,560 --> 00:04:04,200 Speaker 1: shift and enforcement even under Trump, meaning that any trust 67 00:04:04,440 --> 00:04:09,120 Speaker 1: uh enforcers tend to focus on the facts of the 68 00:04:09,200 --> 00:04:13,080 Speaker 1: case and on the law rather than political take looking 69 00:04:13,120 --> 00:04:16,680 Speaker 1: at political considerations. There was still some uncertainty because you 70 00:04:16,760 --> 00:04:20,120 Speaker 1: never know that There's been a lot of things that 71 00:04:20,160 --> 00:04:22,840 Speaker 1: have happened under this administration that have been unpredictable and 72 00:04:22,839 --> 00:04:25,560 Speaker 1: so so you still never know. But for the most part, 73 00:04:25,600 --> 00:04:28,640 Speaker 1: I think a lot of the leading any trust uh 74 00:04:29,120 --> 00:04:32,080 Speaker 1: uh people in the antitrust community were expecting that you 75 00:04:32,080 --> 00:04:34,880 Speaker 1: wouldn't you probably wouldn't see any huge shifts here. It's 76 00:04:34,880 --> 00:04:38,560 Speaker 1: still even with six months into the administration, there's still 77 00:04:38,560 --> 00:04:42,000 Speaker 1: some uncertainty. We we don't have any nominees UH pending 78 00:04:42,040 --> 00:04:44,440 Speaker 1: at the FTC. There is one pending at the Justice 79 00:04:44,480 --> 00:04:46,960 Speaker 1: Department who hasn't been confirmed yet by the Senate, So 80 00:04:47,000 --> 00:04:49,560 Speaker 1: there's still a little bit of uncertainty. But for the 81 00:04:49,560 --> 00:04:52,520 Speaker 1: most part, I think people are expecting that things will 82 00:04:52,560 --> 00:04:56,920 Speaker 1: continue along and even keel Lexie only about thirty seconds left, 83 00:04:56,960 --> 00:04:59,480 Speaker 1: but very quickly. Uh the Justice Department handles and a 84 00:04:59,520 --> 00:05:04,080 Speaker 1: trust and as well. What are we saying there so far? Well, 85 00:05:04,120 --> 00:05:06,880 Speaker 1: like I said, there, you you you have an appending 86 00:05:06,960 --> 00:05:13,280 Speaker 1: nominee who's awaiting a Senate approval. Uh, he's not expected 87 00:05:13,320 --> 00:05:17,839 Speaker 1: to uh cause a huge shift over there, but you 88 00:05:17,839 --> 00:05:21,400 Speaker 1: you would expect in any Republican administration to have a 89 00:05:21,440 --> 00:05:26,000 Speaker 1: little bit of of of of a relaxation of of enforcements. 90 00:05:26,040 --> 00:05:29,400 Speaker 1: So it may not be as uh as as aggressive 91 00:05:29,440 --> 00:05:31,960 Speaker 1: as it was under the Aboma administration, but probably not 92 00:05:32,040 --> 00:05:34,160 Speaker 1: a huge shift there. Okay, we're gonna have to leave 93 00:05:34,200 --> 00:05:37,240 Speaker 1: it there, thank you, Alexei, Alexis Bloomberg BNA and a 94 00:05:37,279 --> 00:05:40,440 Speaker 1: Trust reporter talking about the Federal Trade Commission and its 95 00:05:40,520 --> 00:05:41,640 Speaker 1: merger enforcements