What are you looking for?

Showing 9 of 171 Results in Exclusionary Conduct

FTC/DOJ Exclusive Dealing Testimony Preview

TOTM As promised, I am posting here my powerpoint slides for my testimony on exclusive dealing at the FTC/DOJ Section 2 Hearings, as well as the . . .

As promised, I am posting here my powerpoint slides for my testimony on exclusive dealing at the FTC/DOJ Section 2 Hearings, as well as the two papers upon which my analysis is based…

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

FTC/ DOJ Section 2 Hearings Continue

TOTM The FTC/ DOJ Section 2 Hearings (aka Hearings on Section 2 of the Sherman Act: Single Firm Conduct as Related to Competition) continued earlier this . . .

The FTC/ DOJ Section 2 Hearings (aka Hearings on Section 2 of the Sherman Act: Single Firm Conduct as Related to Competition) continued earlier this week with a session on tying Wednesday featuring David Evans, Robin Cooper Feldman, Mark Popofsky, Donald Russell, Michael Waldman, and Robert Willig.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Antitrust Canons

TOTM Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe . . .

Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe meet’s Matt’s criteria: articles that are essential to doing antitrust scholarship.  My long, but embarrassingly underinclusive list, is below the fold.  In particular, I have left out a good deal of more technical economics scholarship (though some appears on the list): the literature on merger simulation, post-Chicago models on specific vertical practices, nothing on immunities or exemptions, federalism, etc.

Read the full piece here.

Continue reading
Intellectual Property & Licensing

Hovenkamp on Slotting, Discounts, and Competition for Distribution

TOTM Like Thom, I also have spent the last few weeks reading Herbert Hovenkamp’s excellent new antitrust book, The Antitrust Enterprise: Principles and Execution. I am . . .

Like Thom, I also have spent the last few weeks reading Herbert Hovenkamp’s excellent new antitrust book, The Antitrust Enterprise: Principles and Execution. I am looking forward to Thom’s review in the Texas Law Review, and wholeheartedly agree with him that Hovenkamp’s book is an important and significant contribution to the antitrust literature (see also Randy Picker’s book review here describing “The Antitrust Enterprise as The Antitrust Paradox for a post-Chicago antitrust landscape”). I’m still digesting most of the book, and perhaps will share some more thoughts in this space later on, but thought I would chime in with some thoughts on two issues relevant to my own research on slotting contracts, discounts, and competition for product distribution.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

The Unconvincing Antitrust Case Against Wal-Mart

TOTM I recently picked up a copy of the July Harper’s Magazine to read an essay by Barry C. Lynn entitled, “Breaking the Chain: The Antitrust . . .

I recently picked up a copy of the July Harper’s Magazine to read an essay by Barry C. Lynn entitled, “Breaking the Chain: The Antitrust Case Against Wal-Mart.” If you can’t tell from the title, the basic point is that antitrust authorities should break up Wal-Mart and put an end to the immense havoc that the retail giant has caused the economy. There is very little in the way of actual analysis in the article. It is mostly hand waving about retail consolidation without economic coherence, with some dramatic parade-of-horribles-type hyberbole mixed in.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Kinderstart v. Google Antitrust Coverage

TOTM Kinderstart.com has filed a suit against Google which includes an antitrust claim based on the theory that Google changed its ranking algorithm in a manner . . .

Kinderstart.com has filed a suit against Google which includes an antitrust claim based on the theory that Google changed its ranking algorithm in a manner that caused Kinderstart’s ranking to drop and revenues to plunge. HT: Antitrust Review. Eric Goldman has got this covered, including links to the complaint, analysis, Google’s motion to dismiss and related briefs, and the oral argument transcripts. The briefs and transcripts (antitrust arguments by Jonathan Jacobson at Wilson Sonsini) are well worth reading on the antitrust points.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Robinson-Patman Act Repealed!

TOTM Ok, not really. But the Antitrust Modernization Committee voted overwhelmingly in favor to repeal the Act (HT: Antitrust Review). Apparently, nine Commissioners voted in support . . .

Ok, not really. But the Antitrust Modernization Committee voted overwhelmingly in favor to repeal the Act (HT: Antitrust Review). Apparently, nine Commissioners voted in support of a the statement: “that Congress should repeal the Act in its entirety” on the grounds that: (1) the Act does not serve any purposes not already served by the Sherman Act, and (2) the Act is a net cost to consumers and competition. Though I doubt that Congress will accept the AMC’s invitation to act on behalf of consumers and repeal the Act, this the right result.

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Antitrust Souvenirs?

TOTM From the Antitrust Hotch Potch, a quote from a Microsoft antitrust lawyer referencing the fact that the stripped version of Windows (without the Media Player . . .

From the Antitrust Hotch Potch, a quote from a Microsoft antitrust lawyer referencing the fact that the stripped version of Windows (without the Media Player monopolistically integrated and forced upon consumers to their detriment … ) is being ordered by stores slightly less frequently than the “full” version of Windows, i.e. 1,787 copies versus 35 million.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Globetrotters Update

TOTM Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC . . .

Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC regarding the Globetrotters’ use of exclusivity windows in sports arena leases. In response to our debate, the Harlem Ambassadors’ founder and president Dale Moss emailed us some very interesting comments.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection