Professor Chris Sagers was singled out for praise in a January 20 statement by FTC Commissioner Thomas Rosch. Sagers had submitted an amicus brief on behalf of the American Antitrust Institute in Federal Trade Commission v. Lundbeck, Inc., the Eighth Circuit’s consideration of an FTC merger matter. Commissioner Rosch, dissenting from the Commission’s decision not to seek certiorari from the Lundbeck decision (in which the Commission and the AAI as its amicus lost the case), began by recognizing the AAI for its work and, in particular, Sagers’ part in it. In his published statement, Commissioner Rosch praised the AAI’s briefs and said, “One of the authors of those briefs, Professor Chris Sagers of the Cleveland–Marshall College of Law at Cleveland State University, rhetorically asked, ‘Why, God, Why? What really has the world come to when a merger to monopoly followed by a 1300% price increase survives Section 7 challenge? … [I]f there were need for proof that antitrust has gone completely haywire, this [case] is it.” Commissioner Rosch is referring to a blog post by Professor Sagers in Antitrust Connect.
To read the brief, see: http://www.antitrustinstitute.org/~antitrust/sites/default/files/AAI%20Amicus%20Brief.pdf
To see Commissioner Rosch’s statement, see: http://www.ftc.gov/os/closings/publicltrs/120120lundbeck-rosch.pdf
To see Commissioner Rosch’s dissent, see: www.geoffmanne.files.wordpress.com/2011/08/ca8_op.pdf
To see the quoted blog post, see: http://www.antitrustconnect.com/2011/08/23/ftc-v-lundbeck-why-god-why/
