Barry Nalebuff, Nov 01, 2009
Elhauge (2009) provides a wide-ranging article that is impressive both in its clarity and its holistic attack on the practice of bundling and tying. In this commentary, I will focus my attention on one aspect of his presentation, namely the effect of price discrimination via metering and tying on consumer welfare and total welfare. Elhauge makes the claim that we should not suppose that the total welfare effects of price discrimination are positive. Even if they are, he suggests that this perspective is too narrow; a price-discriminating monopolist will make more money and so may incur greater ex ante costs to secure its market position. And if total welfare still rises after taking these costs into account, Elhauge makes the further argument that antitrust is and should be focused on consumer welfare, not total welfare. In that domain, the presumption should be that price discrimination lowers consumer welfare.
Featured News
Utah Becomes Site of Last Flashpoint Between States and the White House Over AI Regs
Feb 27, 2026 by
CPI
Federal Agency Vows to Fight States Over Prediction Market Crackdown
Feb 27, 2026 by
CPI
Netflix Withdraws From Warner Bros Bid as Paramount Emerges With ‘Superior’ Offer
Feb 27, 2026 by
CPI
OCC Issues Proposed Rules for Stablecoin Activity Under the GENIUS Act
Feb 26, 2026 by
CPI
EU Court Adviser Recommends Dismissing Meta’s Appeals in Antitrust Data Dispute
Feb 26, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Behavioral Economics
Feb 22, 2026 by
CPI
Behavioral Antitrust in 2026
Feb 22, 2026 by
Maurice Stucke
Behavioral Economics in Competition Policy: Going Beyond Inertia and Framing Effects
Feb 22, 2026 by
Annemieke Tuinstra & Richard May
Agreeing to Disagree in Antitrust
Feb 22, 2026 by
Jorge Padilla
Recognizing What’s Around the Corner: Merger Control, Capabilities, and the New Nature of Potential Competition
Feb 22, 2026 by
Magdalena Kuyterink & David J. Teece