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Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to resolve the legal issues. Its a purely legal matter. The parties may happen to be the case that they p...

Path, starting with the 2008 whole foods case where whole foods attempted to buy wild oats markets. very complicated, so i'm going to go to the fwguts of it from opinion. the majority of courts and the -- what happened here is republican majority ftc challenges the deal, and then you dissent. you apply your own pricing test to the merger. my simple question is, where did you get this pricing test? >> well, i would have affirmed the decision by the district judge in that case, which allowed the merger and the district judge, judge friedman, appointee of president clinton's to the district court...

It further down that path starting with the 2008 whole foods case where they attempted to buy wild oats markets. very complicated. i'm going to the guts of it from my opinion. the majority of courts and temperature -- what happened here is republican majority ftc challenges a deal and then you dissent. you apply your own pricing test to the merger. my simply question is where did you get this pricing test. >> i would have affirmed the decision by the district judge in that case which allowed the merger. the district judge, judge friedman, an appointee of president clintons. case is very -- as ...

Anti-competitive so i'm afraid you're going to move it even further down that path starting with the 2008 whole foods case, where whole foods attempted to buy wild oats markets. it's very complicated so i'll just go to the guts of it from my opinion. the majority of courts, and what happened here is the republican majority ftc challenges the deal and you dissent and apply your own pricing test to the merger. my simple question is where did you get this pricing test? >> well, i would have affirmed the decision by the district judge in that case, which allowed the merger and the district judge, ...

Pricing test is what i want to know. because you used a different test. i'm trying to figure that out, what legal authority actually requires the government to satisfy your standard to block a merger. i think what i remember in our discussion, you cited these nonbinding horizontal merger guidelines that you used to come up with this test. >> well, you're looking at the effect on competition. and what the supreme court has told us at least from the late 1970s is to look at the effect on consumers. what's the effect on the prices for consumers. and the theory of the district court and judge frie...