2006

State Efforts to Assist Competitors Maureen Ohlhausen, Nov 01, 2006 Identifying, Challenging, and Assigning Political Responsibility for State Regulation Restricting Competition This paper examines the role of competition advocacy in combating anticompetitive state regulation. Looking at the constraints facing competition officials such as the state action doctrine, the analysis suggests potential avenues for surmounting these […]

Randal Picker, Oct 30, 2006 Herbert Hovenkamp is best known to the antitrust bar for his role as the senior surviving author of the multi-volume Antitrust Law treatise originated by Philip Areeda and Donald Turner. The treatise is the standard reference in antitrust, and the common-law nature of antitrust in the United States makes the […]

The Antitrust Treatment of Unilateral Effects: A U.S. Perspective Herbert Hovenkamp, Apr 01, 2006 The Law of Exclusionary Pricing The success of the Areeda-Turner test for predatory pricing and the U.S. Supreme Court’s adoption of demanding proof requirements in its 1993 Brooke Group decision have made it very difficult for plaintiffs to win conventional predatory […]

Michael Salinger, Apr 01, 2006 With a major set of hearings scheduled in the United States on the antitrust treatment of single-firm conduct, economists have an opportunity to provide analysis that informs policy. Yet, the opportunity will be lost if economic analysis does not provide insights into how to distinguish anticompetitive from pro-competitive behavior. The […]

In this issue: Bundled Rebates and Exclusive Dealing: Recent Testimony before the FTC/DOJ Joshua Wright, Nov 17, 2006 Testimony on Exclusive Dealing for the DOJ/FTC Hearings on Single-Firm Conduct and Antitrust Law An increasing number of these exclusive dealing cases allege that slotting contracts impair rivals and ultimately harm competition. A theme in these cases […]

In this issue: The Use of Economics in Tying Law David Evans, Christian Ahlborn, Jorge Padilla, Michael Salinger, Nov 03, 2006 The Law and Economics of Tying This GCP collection features the research and insights of several economists and practitioners on the economics of tying law. David Evans, Nov 01, 2006 Testimony on Tying for […]

This article is part of a Chronicle. See more from this Chronicle James Killick, Nov 02, 2006 On June 28, 2006, the European Commission announced that it had adopted new fining guidelines for companies found guilty of infringing Articles 81 or 82 of the EC Treaty. The Guidelines will apply prospectively to any antitrust infringement […]

Maureen Ohlhausen, Nov 01, 2006 This paper examines the role of competition advocacy in combating anticompetitive state regulation. Looking at the constraints facing competition officials such as the state action doctrine, the analysis suggests potential avenues for surmounting these constraints. Relying on experience as the Director of the U.S. Federal Trade Commission’s Office of Policy […]

This article is part of a Chronicle. See more from this Chronicle Thomas Lambert, Nov 29, 2006 On November 29, 2006, Thomas Lambert presented testimony before the U.S. Department of Justice and Federal Trade Commission at the Public Hearing on Single-Firm Conduct and Antitrust Law. Below is an excerpt from his testimony: Bundled discounts present […]

This article is part of a Chronicle. See more from this Chronicle Joshua Wright, Nov 17, 2006 On November 15, 2006, Joshua Wright presented testimony before the U.S. Department of Justice and Federal Trade Commission at the Public Hearing on Single-Firm Conduct and Antitrust Law. This viewpoint is a summary of his testimony. Exclusive dealing […]

Richard Taranto, Nov 01, 2006 The U.S. Supreme Court’s decision in Illinois Tool Works, Inc. v. Independent Ink, Inc., holds that a plaintiff, when asserting a tying claim under the familiar modified per se rule requiring market power for liability, must affirmatively prove such power even if the defendant owns a patent covering the tying […]

This article is part of a Chronicle. See more from this Chronicle David Evans, Christian Ahlborn, Jorge Padilla, Michael Salinger, Nov 03, 2006 GCP is the occasional publisher of topic-based ebooks — electronic compilations of previously published work by notable competition authories. This GCP collection features the research and insights of several economists and practitioners […]