Posted by Social Science Research Network
Ahead of His Time: The Singular Contributions of Richard Markovits Tim Brennan (University of Maryland)
Abstract: Prof. Markovits has been a prescient commenter on antitrust. His early and insightful characterization of the harm from merger as the loss to consumers from being able to trade off their two top choices can be seen in the use of diversion ratios in unilateral effects merger cases. So too does the change in assessing unilateral effects mergers from market concentration to direct measurement of competitive effects match his skepticism of market definition. I share Prof. Markovits’s view that prior dominance should not be a prerequisite for monopolization cases, at least those involving exclusionary practices. I am skeptical that intent should play a role in monopolization, other than as a source of expert evidence that a practice will be harmful. Whether antitrust should be about maximizing consumer welfare or punishing powerful actors with bad intent may be a fundamental divide in perspective in the antitrust community.
Featured News
Google and South Carolina Clash Over State Records Demand
May 8, 2024 by
CPI
Telefonica Germany Teams Up with Amazon Web Services to Migrate 5G Customers
May 8, 2024 by
CPI
Federal Judge Grants $7.4 Million Settlement in Pork Price-Fixing Case
May 8, 2024 by
CPI
Wilson Sonsini Bolsters Antitrust and Competition Practice with Key Partner Returns
May 8, 2024 by
CPI
EU to Scrutinize Telecom Italia’s Network Sale to KKR
May 8, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI