In a final address, @JusticeATR Makan Delrahim says some of the changes recommended by House Judiciary are "quite sensible." DOJ needs more funding for antitrust, and he backs higher filing fees for mergers.

He has six recommendations: 1) Create bright line rules and alter burden of proof for mergers.
“Courts need additional guidance in these cases.” In cases where a company has more than 50 percent market share, burden should be on merging parties for any transaction in that market, he says
DOJ would still have to prove the market definition and the market share of the dominant firm.

More from Law

Today the superior court will hear oral arguments in Midtown Citizens Coalition v. Municipality of Anchorage. "MCC" is an unofficial group that opposes the recall of Assembly member Felix Rivera. The question is whether the Muni properly certified the recall petition. #aklaw


Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.

So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:

1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."


2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”

3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."

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