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
Paul Weiss Pushes Back Against Removal Bid in Sugar Antitrust Fight
Sep 24, 2026 by
CPI
Saudi Arabia Reviews Uber’s $14.8 Billion Delivery Hero Takeover
Sep 24, 2026 by
CPI
Pope Leo Warns of AI Threats, Calls for Stronger Global Oversight
Sep 24, 2026 by
CPI
Paramount-Warner Bros. Discovery Merger Settlement Faces Coalition Challenge
Sep 24, 2026 by
CPI
New York Grocery Plan Puts Predatory-Pricing Rules to the Test
Sep 24, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – National Security
Sep 22, 2026 by
CPI
National Security in U.S. Antitrust Enforcement: Toward a More Disciplined Framework
Sep 22, 2026 by
Rod Rosenstein & Timothy Finley
The Department of War’s M&A Review Guidance: What Companies in the Defense Industry Need to Know
Sep 22, 2026 by
Eric Stocking & Paul Ney
National Security, Resilience and the Boundaries of Merger Control
Sep 22, 2026 by
Beatriz Marques
National Security and Competition: Building Resilient Telecommunications Networks
Sep 22, 2026 by
Roslyn Layton