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Scholarship Abstract This chapter provides a survey of the law and literature on monopolization. The focus is American law, but the issues considered are equally applicable . . .
This chapter provides a survey of the law and literature on monopolization. The focus is American law, but the issues considered are equally applicable to European law. After briefly reviewing the history of monopolization law in the U.S., I review various approaches to the legal standard for monopolization suggested in the literature. I then attempt to model monopolization standards, and assess their desirability in light of error costs.
TOTM In April 2000, the FTC issued a Complaint against women’s shoe distributor Nine West, claiming that Nine West had engaged in minimum resale price maintenance . . .
In April 2000, the FTC issued a Complaint against women’s shoe distributor Nine West, claiming that Nine West had engaged in minimum resale price maintenance (RPM) (i.e., the setting of minimum prices that retailers could charge for its shoes). Apparently, Nine West was providing retailers with lists of “off limits” or “non-promote” shoes that weren’t to be promoted except during defined periods. Because Nine West sought acquiescence in those policies by threatening to terminate offending dealers, the FTC maintained that it had engaged in a minimum RPM agreement. At that time, such agreements were deemed to be per se unreasonable–and thus automatically illegal–restraints of trade. Nine West ultimately agreed to a broadly worded Consent Order requiring it to refrain from (among other things) fixing prices at which its retailers may sell, advertise, or promote its products; “otherwise pressuring” its dealers to adhere to resale prices; and “[s]ecuring or attempting to secure any commitment or assurance from any dealer concerning the resale price at which the dealer may advertise, promote, offer for sale or sell any Nine West Products.”
Read the full piece here.
Popular Media It is springtime, but already the thrills of March Madness have fallen into a painful abyss. Die-hard college basketball fans, so recently frantic over their . . .
It is springtime, but already the thrills of March Madness have fallen into a painful abyss. Die-hard college basketball fans, so recently frantic over their brackets and whooping their way to dreams of a national championship, now turn to the sports pages with fear and loathing. Will their team’s freshman power forward, or All-American point guard, give up college for a multimillion dollar contract? Oh, the pain, terror, and non-academic karma of it all.
TOTM Harvard’s Einer Elhauge answers the titular question in the newest issue of Competition Policy International, in response to a review of his new textbook Global . . .
Harvard’s Einer Elhauge answers the titular question in the newest issue of Competition Policy International, in response to a review of his new textbook Global Antitrust Law and Economics (with Damien Geradin) at the newly revamped Global Competition Policy website. The response essay is less about the particulars of the book than it is about what the fundamental goals of modern competition law courses are and should be. The debate takes the form of teaching doctrine and procedure vs. economic analysis with Elhauge defending the latter. Here’s an excerpt from Elhauge driving home the point…
TOTM The D.C. Circuit’s opinion is available here. Here is one of the key passages explaining the D.C. Circuit’s logic… Read the full piece here.
The D.C. Circuit’s opinion is available here. Here is one of the key passages explaining the D.C. Circuit’s logic…
TOTM Amit Gandhi, Luke Froeb, Steven Tschantz and Gregory Werden have published “Post-Merger Product Repositioning” in the Journal of Industrial Economics. (HT: Luke). Read the full . . .
Amit Gandhi, Luke Froeb, Steven Tschantz and Gregory Werden have published “Post-Merger Product Repositioning” in the Journal of Industrial Economics. (HT: Luke).
TOTM That is what Judge Posner has to say about Leegin in his new book, How Judges Think. I’m only a few chapters in, but so . . .
That is what Judge Posner has to say about Leegin in his new book, How Judges Think. I’m only a few chapters in, but so far, its a fascinating read. I’ll probably blog some more about parts of the book later. In particular, I’ve been thinking recently about how the complexity of substantive antitrust analysis affects judicial decision-making.
TOTM With all of the recent talk of the “optimal regulatory structure” and proposals about regulatory consolidation and reorganization (here is Glom Blogger David Zaring on . . .
With all of the recent talk of the “optimal regulatory structure” and proposals about regulatory consolidation and reorganization (here is Glom Blogger David Zaring on the Big Reorg), I wonder if the discussion might carry over into antitrust and the recurring “dual enforcement” question.
TOTM Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex . . .
Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex ante competition, or “competition for the field,” in the form of payments to automobile manufacturers to adopt their services. Geoff thinks the DOJ’s press release contains some funny language appearing to suggest that the existence of exclusive contracts meant that there was not competition. I think the relevant language is in the second sentence of the press release…
