Remember when you hear that #antitrust should focus on us as workers or citizens, not consumers: Almost 100m adults in the U.S. aren’t in the labor force. Approximately 22m people residing in the U.S. are noncitizens. But everyone needs to buy food, clothing, etc.

@Sherman1890 This point also made by the Tapestry judge.

@DanWall55 @Sherman1890 Given that fed civil jury must be unanimous, going by reactions to Tapestry/Capri “affordable luxury” market definition, I wonder whether the FTC could have obtained that win from a jury. Non-antitrust men were in disbelief that this was even a case that tax 💵 spent to bring.

Interesting piece about the Hims compounding pharmacy semaglutide Super Bowl advert, from a knowledgeable person (Daniel Troy was FDA Chief Counsel 2001-04; GC of GlaxoSmithKline 2008-18).

@Sherman1890 Good influencers try to overcome brand prejudices of “affordable luxury” & dig into quality, whether in food (premium ice cream defined by milkfat & lack of air) or clothes (stitching, lining, backing on buttons). Nissan nixing Honda deal means we won’t get to argue that market.

@Sherman1890 Also unlitigated, but a mkt dfn of (super) premium ice cream arguably rejected in prior private litigation that Sealy judge cited

@Sherman1890 @KatieArcieri I think that impression came mostly in the quotes from Prof. Bartholomew. But dependence on “hot docs” might affect outcomes — some judges/ juries are more willing than others to buy a market definition based on repeated use of terms like “premium mattress” or “affordable luxury”

@BenRemaly @KatieArcieri I wonder what that voir dire was like — did either side try to select for or against jurors who are knowledgeable about soccer?