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Corporate & Securities Law

AntitrustProf Blog

Antitrust law resources, information, and news for the academic community.

Post Frequency: 46/day

Last Entry: April 01, 2011 at 12:45:00

Section 5 FTC Act Blog Symposium: Comments of Geoff Manne

Posted on January 08, 2010
Posted by Geoff Manne The FTC should be ashamed Seriously. What interpretation of events is there other than that the FTC knew it could not prevail in a Section 2 case and decided to go in search of a back-up?...

Section 5 FTC Act Blog Symposium: Comments of Herb Hovenkamp

Posted on January 08, 2010
Posted by Herb Hovenkamp The idea that FTC Act?s §5?s ?unfair methods of competition? has a kind of penumbral reach to practices that are not covered by the Sherman Act makes historical as well as some logical sense. The framers...

Section 5 FTC Act Blog Symposium: Comments of Sean Heather

Posted on January 08, 2010
Posted by Sean Heather Expanding Antitrust Doctrine? The Chamber authored its views on the use of Section 5 in an article last September. In it we examined the past use of Section 5, acknowledged the courts acceptance of the FTC?s...

The Impact of Mergers on the Degree of Competition in the Banking Industry

Posted on January 07, 2010
Posted by D. Daniel Sokol Barbara Chizzolini, Bocconi University, Vittoria Cerasi, Milano-Bicocca University - Department of Statistics, and Marc Ivaldi, University of Toulouse 1 - Industrial Economic Institute explain The Impact of Mergers on the Degree of Competition in the...

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Predatory Pricing

Posted on January 07, 2010
Posted by D. Daniel Sokol Aaron Edlin (Berkeley - Law) has a nice overview of Predatory Pricing posted that is his entry in the Research Handbook of Antitrust Economics. ABSTRACT: Judge Breyer famously worried that aggressive prohibitions of predatory pricing...

Section 5 FTC Act and the Meaning of the Intel Litigation Blog Symposium Day 1 Recap

Posted on January 07, 2010
Posted by D. Daniel Sokol So far we have had commentary by: Part 1. Josh Wright (George Mason) Part 2. Keith Hylton (BU) Part 3. Bob Lande (Baltimore) Tomorrow we have three additional contributors: Part 4. Geoff Manne (Lewis &...

Section 5 FTC Act Blog Symposium: Comments of Bob Lande

Posted on January 07, 2010
Posted by Bob Lande Much of the FTC?s complaint against Intel mirrors the charges in cases filed by the European Commission and others. Because I have shown elsewhere why this conduct is anticompetitive (see, for example, ?The Price of Abuse:...

Section 5 FTC Act Blog Symposium: Comments of Keith Hylton

Posted on January 07, 2010
Posted by Keith Hylton The FTC claims that Intel violated Section 5 by giving discounts and rebates to customers in a manner that harmed its rival AMD, by designing its products in a manner that disadvantages rivals, and by acting...

Section 5 FTC Act Blog Symposium: Comments of Josh Wright

Posted on January 07, 2010
Posted by Josh Wright Employing Section 5 of the Federal Trade Commission Act to evade Section 2 monopolization law is not a legitimate use of Section 5. This is, unfortunately, the only reasonable interpretation of the Commission?s choice to make...

Section 5 FTC Act Blog Symposium: Comments of Dan Crane

Posted on January 07, 2010
Posted by Dan Crane I should disclose at the outset that I have been retained by Intel to provide policy analysis on the FTC enforcement action, although the views I express here are solely my own. Also, I will shortly...

Two Watersheds: The New Case Law of Bundles, Rebates and Class Certification

Posted on January 06, 2010
Posted by D. Daniel Sokol The George Mason Law Review will host a great conference (please register) on Two Watersheds: The New Case Law of Bundles, Rebates and Class Certification Sponsored by Empiris LLC & O?Melveny & Myers LLP Thursday,...

Defining the 'Business of Baseball' - A Proposed Framework for Determining the Scope of Professional Baseball's Antitrust Exemption

Posted on January 06, 2010
Posted by D. Daniel Sokol Nathaniel Grow, University of Georgia - Department of Insurance, Legal Studies, Real Estate has a paper on Defining the 'Business of Baseball' - A Proposed Framework for Determining the Scope of Professional Baseball's Antitrust Exemption...

The EC Commission?s Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany?

Posted on January 06, 2010
Posted by D. Daniel Sokol Anca Daniela Chirita (Europa-Institut, University of Saarland) recently published The EC Commission?s Guidance Paper on the Application of Article 82 EC: An Efficient Means of Compliance for Germany? ABSTRACT: This article aims to introduce the...

Section 5 FTC Act Blog Symposium Begins Tomorrow

Posted on January 06, 2010
Posted by D. Daniel Sokol Tomorrow begins our eagerly awaited Section 5 FTC Act Blog Symposium. To put the symposium in perspective, the case against Intel is the most important unilateral conduct case since the DOJ brought the Microsoft case...

Revising the Merger Guidelines: Looking Back to Move Forward

Posted on January 06, 2010
Posted by D. Daniel Sokol Deborah Feinstein (Arnold & Porter) suggests Revising the Merger Guidelines: Looking Back to Move Forward. ABSTRACT: The Federal Trade Commission and Department of Justice have announced plans to consider revising the Horizontal Merger Guidelines ?in...

Should New Merger Guidelines Give UPP Market Definition?

Posted on January 05, 2010
Posted by D. Daniel Sokol Richard Schmalensee (MIT Sloan School of Management) asks Should New Merger Guidelines Give UPP Market Definition? ABSTRACT: In an important recent paper, Joseph Farrell and Carl Shapiro propose a new quantitative approach to assessing the...

Market Power in U.S. Broadband Services

Posted on January 05, 2010
Posted by D. Daniel Sokol Thomas W. Hazlett, George Mason University School of Law and Dennis Weisman, Kansas State University - Department of Economics analyze Market Power in U.S. Broadband Services. ABSTRACT: The U.S. telecommunications industry has come under scrutiny...

Experience with Direct Settlements in Cartel Cases

Posted on January 05, 2010
Posted by D. Daniel Sokol The OECD has released its report on Experience with Direct Settlements in Cartel Cases.

Competition in the the Agriculture Industry - The Seed Industry

Posted on January 05, 2010
Posted by D. Daniel Sokol The American Antitrust Institute submitted a paper Transgenic Seed Platforms:Competition Between a Rock and a Hard Place? to the DOJ/USDA joint workshop in which it attacked Monsanto. Monsanto fired back with a reply on the....

Revising the Merger Guidelines: Second Request Screens and the Agencies' Empirical Approach to Competitive Effects

Posted on January 04, 2010
Posted by D. Daniel Sokol Gregory Leonard (NERA Economic Consulting) & Lawrence Wu (NERA Economic Consulting) advocate Revising the Merger Guidelines: Second Request Screens and the Agencies' Empirical Approach to Competitive Effects. ABSTRACT: Two aspects of the Merger Guidelines could...

Strategic Under-utilization of Patents and Entry Deterrence: The Case of Pharmaceutical Industry

Posted on January 04, 2010
Posted by D. Daniel Sokol Sugata Marjit - Centre for Studies in Social Sciences, Tarun Kabiraj - Indian Statistical Institute, and Arijita Dutta - Calcutta University, have posted a paper on Strategic Under-utilization of Patents and Entry Deterrence: The Case...

The design and efficiency of loyalty rewards

Posted on January 04, 2010
Posted by D. Daniel Sokol Ramon Caminal - Barcelona Graduate School of Economics addresses The design and efficiency of loyalty rewards. ABSTRACT: The goal of this paper is to reexamine the optimal design and efficiency of loyalty rewards in markets....

Sequential Spatial Competition in Vertically Related industries with Different Product Varieties

Posted on January 04, 2010
Posted by D. Daniel Sokol Hamid Beladi (U Texas- San Antonio) Avik Chakrabarti (U Wisconsin-Milwaukee) and Sugata Marjit (Centre for Studies in Social Sciences) describe Sequential Spatial Competition in Vertically Related industries with Different Product Varieties...

Buying Access America Travel Insurance is a Waste of Money

Posted on January 04, 2010
Posted by D. Daniel Sokol This post is a bit off the topic of antitrust and competition policy and more in the vein of consumer protection. My parents, senior citizens, made the mistake of buying travel insurance. I have told...

Coming Soon: Symposium Debate on the Role of FTC Section 5 in Light of Intel

Posted on January 03, 2010
Posted by D. Daniel Sokol On Thursday and Friday we will have a number of guests blog in a mini-symposium on the Role of FTC Section 5 in Light of Intel. I will post the final list of guest bloggers...

Call for Papers: 5th ASCOLA Conference, Bonn, 27-29 May 2010

Posted on January 02, 2010
Posted by D. Daniel Sokol The 5th ASCOLA Conference will be held in Bonn on 27-29 May 2010. The general topic will be ?Goals of Competition Law? Discussions at earlier ASCOLA Conferences have revealed a need for a profound debate...

The Image Theory: RPM and the Allure of High Prices

Posted on January 01, 2010
Posted by D. Daniel Sokol Barak Orbach (Arizona Law) has an interesting article on The Image Theory: RPM and the Allure of High Prices. ABSTRACT: A century of debates over resale price maintenance (?RPM?) has generated hundreds of articles that...

Efficiency Metrics for Competition Policy in Network Industries

Posted on December 31, 2009
Posted by D. Daniel Sokol Timothy Tardiff addresses Efficiency Metrics for Competition Policy in Network Industries. ABSTRACT: In evaluating competition and regulatory policies, economists typically emphasize the extent to which such policies promote economic efficiency...

The Limits of Antitrust and the Chicago School Tradition

Posted on December 31, 2009
Posted by D. Daniel Sokol George Priest (Yale Law) explains The Limits of Antitrust and the Chicago School Tradition. ABSTRACT: I situate Frank Easterbrook's article, The Limits of Antitrust, within the Chicago School antitrust tradition. I demonstrate the link between...

China?s Antimonopoly Law?One Year Down Part 5. A De Facto ?Dual-Track? Competition Regime?

Posted on December 30, 2009
Posted by Wentong Zheng In my previous post on this space (see here), I mentioned that SAIC and NDRC, China?s two government agencies charged with enforcing the AML?s abuse-of-dominance provisions, are giving a free pass to abuse-of-dominance conducts by China?s...

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