A Few Final Words on Whirlpool-Maytag
The American Antitrust Institute has republished an op-ed -Whirlpool, Maytag, the DoJ, and Transparency – by AAI V.P. Diana Moss from the April 24, 2006, FTC:WATCH. In her op-ed, Dr. Moss argues:
The growing voluntary practice of issuing statements should be encouraged and the AAI applauds the DOJ for issuing a statement in the Whirlpool/Maytag matter. At the same time, it is also appropriate to ask whether agency statements enlighten or obfuscate. In this case, the AAI questions whether the DOJ statement sufficiently discloses both the factual and legal predicate for the agency’s action. … The statement’s two-fold thrust is that this seemingly anticompetitive merger is made acceptable by the presence of (1) strong rivals with the ability to expand sales of laundry appliances and (2) merger-related efficiencies that would benefit consumers. While these kinds of reasons frequently explain decisions not to challenge a merger, the minimal information offered in the statement raises questions about whether the factual basis for these defenses is inadequate, or if the agency has not adequately disclosed the underlying facts.
On a side note, the AAI would be well-served to a RSS feed.









April 27th, 2006 at 4:24 pm
Moss’ complaint is not a very strong one. For obvious reasons the agencies are not in a position to disclose proprietary firm information on efficiencies. Perhaps the statement could have included a few more platitudes, but hard evidence of the sort Moss seems to be seeking is not forthomcing (nor should it be). And although the AAI chooses not to believe it, much evidence on the strength of competitors is publicly-available. As for the agency’s own analysis, why isn’t this sufficient?:
April 27th, 2006 at 7:01 pm
While I am generally in favor of transparency at all levels of government, I agree that Moss does not make a very strong argument. I should also add that there are stronger arguments against government approval of this merger; many of which are discussed by AAI on its site.