Antitrust Bulletin articles from December 2008

Antitrust Bulletin archives from December 2008

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...

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...

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...

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 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...

Grading the Clinton antitrust policy as enforced by the Antitrust Division of the Department of Justice.
December 22, 2008... I. INTRODUCTION Having taught a course in trade regulation at the School of Law at the University of Arkansas in Fayetteville, William Jefferson Clinton was the only person elected President with a firm grounding in antitrust. (1) With...

The EC Commission's 2006 Fine Guidelines reviewed from an economic perspective: risking overdeterrence.
December 22, 2008... I. INTRODUCTION Whereas a number of lawyers and economists in the past adopted the opinion that cartel enforcement policy was too lax in Europe, it is now certainly much stricter. The 2006 EC Commission Fine Guidelines were introduced...