Antitrust Bulletin articles

Recent articles from Antitrust Bulletin

KSR and the Supreme Court: the silence is deafening.(Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
December 22, 2008... One of the uses of history is to free us of a falsely imagined past. The less we know of how ideas actually took root and grew, the more apt we are to accept them unquestioningly, as inevitable features of the world in which we move. One reason for the stifling solidity of received opinion...

Developing private enforcement in the EU: lessons from the Roberts Court.(Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
December 22, 2008... I. INTRODUCTION In The Antitrust Enterprise, Hovenkamp writes that "one of the remarkable phenomena of the Rehnquist Supreme Court is the degree to which it has denied review in antitrust cases." (1) The same cannot be said of the Roberts Court, which has shown tremendous enthusiasm in...

Completion of the revolution in antitrust doctrine on restricted distribution: Leegin and its implications for EC competition law.(Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
December 22, 2008... I. INTRODUCTION The Supreme Court of the United States has, in a series of recent antitrust opinions, cut back and limited the types of antitrust claim that can successfully be brought before the U.S. courts and significantly raised the bar for antitrust plaintiffs. (1) For example, in...

RPM as exclusion: did the U.S. Supreme Court stumble upon the missing theory of harm?(resale price maintenance)(Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
December 22, 2008... I. LEGAL AND ECONOMIC BACKGROUND Resale price maintenance--the practice whereby upstream wholesalers or manufacturers fix the prices at which their products can be sold at retail--has been a matter of economic and legal debate for at least a century. Until very recently in the United...

A critical commentary on the critical comments on critical loss.
December 22, 2008... I. INTRODUCTION In the last few years, applications of the critical loss methodology have been harshly criticized by a collection of economists, some academics, some consultants, some government regulators, and some all of the above. When stripped to its least common denominator, the...