Single Firm Conduct

The Executive Branch, Congress, and the federal enforcement agencies are focused on the competitive impact of large, allegedly dominant technology platform companies.  The House’s Competition in Digital Markets majority report recommends major changes to antitrust law, but such changes are unlikely to be adopted. The Federal Trade Commission has adopted an expansive policy statement on the […]

Posted by Social Science Research Network Android – Is There a Viable Monopolization Case? By Stephen Houck This paper considers the viability of a Sherman Act § 2 enforcement action in respect of Google’s Android operating system. It discusses the applicability of the D.C. Circuit’s 2001 Microsoft opinion in which Microsoft was found to have engaged […]

In this issue: The Commission’s Draft Guidelines on Non-horizontal Mergers Robert O’Donoghue, David Parker, Mar 14, 2007 The Final Piece In The Jigsaw: An Analysis Of The Draft European Commission Guidelines On Non-Horizontal Mergers This article examines in detail the extent to which the Draft Guidelines set out a coherent and economically sound approach to […]

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 Joshua Wright, Jul 12, 2009 The primary anticompetitive concern with exclusive dealing contracts is that a monopolist might utilize exclusivity to fortify its market position, raise rivals costs of distribution, and ultimately harm consumers. The unifying economic logic of these anticompetitive models of […]

This article is part of a Chronicle. See more from this Chronicle Michael Salinger, Jul 13, 2009 Now that the Antitrust Division has withdrawn the Section 2 report, there is an opportunity for the two agencies to issue a joint report. I hope they will do so. Agreement between the U.S. agencies is essential for […]

This article is part of a Chronicle. See more from this Chronicle Timothy Brennan, Jul 13, 2009 The handling of cases under the rubrics “monopolization,”single-firm conduct,” or “abuse of dominance” continues to be debated by the competition policy community. This debate, as evidenced by the Antitrust Division’s Sept. 2008 single-firm conduct report, followed by the […]

This article is part of a Chronicle. See more from this Chronicle Gunnar Niels, Feb 05, 2009 Within the space of a few months, two pre-eminent competition authorities issued widely publicized reports on unilateral conduct, one of the hotly debated topics in modern competition law. Both reports followed years of extensive review and consultation processes […]

This article is part of a Chronicle. See more from this Chronicle Thomas O. Barnett, Hill B. Wellford, Oct 1, 2008 On September 8, 2008, the Department of Justice (the “Department”) issued a 213-page report entitled Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act (the “Single-Firm Conduct Report” or “Report”). The […]

This article is part of a Chronicle. See more from this Chronicle Douglas M. Jasinski, Daniel Kanter, Oct 1, 2008 Beginning in 2006, the two U.S. antitrust agencies, the United States Department of Justice, Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) together co-sponsored more than two years of joint public hearings on the […]

This article is part of a Chronicle. See more from this Chronicle Janet L. McDavid, Jean-Michel Coumes, Oct 1, 2008 On September 8, 2008, the United States Department of Justice (“DOJ”) issued its report on monopolization under the U.S. antitrust laws—“Competition and Monopoly: Single-firm Conduct Under Section Two of the Sherman Act” (“DOJ Report”). The […]